1 2025:CGHC:43344 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 107 of 2025 1 - Smt. Shalini Trivedi W/o. Neeraj Trivedi, Aged About 43 Years R/o. C/o. Balgovind Bajpai, Laxmi Nagar, Risali, Bhilai, Post Bhilai, Tehsil And District Durg (C.G.) ... Petitioner versus 1 - Neeraj Trivedi S/o Shri Kumar Trivedi, Aged About 44 Years R/o. Motilal Nehru Nagar Ward, Akashvani Road, Jagdalpur, District Bastar (C.G.) Present R/o. Ashoka Life Styles, Dharampura, Jagdalpur, District Bastar (C.G.) ... Respondent (Cause title, as taken from Case Information System) For Petitioner : Mr. Prasoon Agrawal, Advocate. For Respondent : Mr. Manish Nigam, Advocate. (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order On Board 26/08/2025 1. Heard. 2. The petitioner/wife has filed an instant petition under Section 24 of the Code of Civil Procedure (for short ‘CPC’), 1908 for transfer of Civil Case No.28A/2025 (Neeraj Trivedi versus Smt. Shalini Trivedi) pending before the learned Family Court, Jagdalpur, District Bastar (CG) to the learned Family Court, Durg, District Durg (CG). 2 3. Learned counsel for the petitioner/wife would submit that marriage of petitioner/wife was solemnized with the respondent/husband on 31.01.2008 as per the Hindu custom and rituals. They have blessed with a two female children; namely Ku. Anushri and Ku. Anshika. After few years of their marriage, their relation became sore and petitioner/wife was compelled to live apart, therefore, she is residing with her parents at Durg. Her daughters are also living with her. He would further submit that respondent/husband has filed divorce petition bearing Civil Case No.28A/2025 under Section 13 (1)(1-क)(1-ख) of the Hindu Marriage Act, 1955 before the Family Court, Jagdalpur, District Bastar, whereas petitioner/wife has also filed an application seeking maintenance under Section 144 of the B.N.S.S., 2023 against the respondent/husband bearing MJC (Cr.) No.859/2025 before the 1st Additional Principal Judge, Family Court, Durg. Learned counsel further submitted that, to and fro distance between Durg and Bastar is about 574 km and being a lady and mother of two minor children, it would be difficult for her to travel such long distance, whereas if divorce petition is transferred from Bastar to Durg, then it would be convenient for respondent /husband also as he has already come to Durg to attend hearing in aforesaid maintenance case, therefore, it is prayed that Civil Case No.28A/2025 (divorce petition) filed by respondent/husband be transferred from the Family Court, Jagdalpur, District Bastar (CG) to the Family Court, Durg, District Durg (CG). 4. Per Contra, learned counsel for the respondent/husband while raising his objection would submit that though distance between aforesaid two places is very much, but respondent/husband is taking care of his ailing parents, who reside with him at Jagdalpur (Bastar). He would 3 further submit that if this transfer petition is allowed, then the concerned Family Court may be directed to permit respondent/husband to make his appearance through video conferencing, if personal appearance is not required. 5. I have heard learned counsel for the parties and perused the material available on record carefully. 6. Admittedly, the divorce petition filed by the respondent/husband is pending before the Family Court, Jagdalpur, District Bastar. Further, to and fro distance between Durg and Bastar is about 574 km. The petitioner/wife is mother of two minor female children and one case under Section 144 of the B.N.S.S., 2023 is already pending against the respondent/husband before the Family Court, Durg, therefore, if divorce petition is transferred from Family Court, Jagdalpur, District Bastar to Family Court, Durg, District Durg, then it would not cause any difficulty to the respondent, even otherwise respondent has to come to attend hearing at Durg in aforesaid case, as such, it would be convenient for both the parties. 7. Hon'ble Apex Court in N.C.V. Aishwarya Vs. A.S. Saravana Karthik reported in 2022 SCC Online SC 1199 held at para 9 which reads as under:- "9. The cardinal principle for exercise of power under section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both 4 the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socio- economic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer.” 8. Hon'ble Supreme Court in the matter of Sumita Singh Versus Kumar Sanjay and another reported in 2001 10 SCC 41 has observed that if husband files suit against wife, then convenience of wife must be looked into. Hon'ble Supreme Court in the matter of Rajani Kishor Pardeshi Versus Kishore Babulal Pardeshi reported in (2005) 12 SCC 237 has observed that the convenience of wife is to be preferred over the convenience of the husband. 9. Considering the aforesaid facts of the case, as discussed in preceding paragraphs and further considering the aforecited case laws, wherein it has been observed that, in transfer of matrimonial cases, the wife's convenience must be looked into, in the considered opinion of this Court, it is a fit case for transfer of the civil suit, as prayed for. 10. Consequently, the instant transfer petition is allowed. It is ordered that the Civil Case No.28A/2025 (Neeraj Trivedi versus Smt. Shalini Trivedi) pending before the learned Family Court, Jagdalpur, District Bastar (CG) be transferred to the Family Court, Durg, District Durg (CG) for its trial/disposal in accordance with law. 11. Learned Family Court, Jagdalpur, District Bastar (CG) is directed to transmit the record of the aforesaid Civil Case No. 28A/2025 to the Family Court, Durg, District Durg (CG), within a period of 15 days from the date of receipt/submission of a copy of this order. It is further observed that after receiving the case on transfer, the transferred Court 5 is directed to consider and decide the case as early as possible, preferably within a further period of four months from the date of receipt of the record from the transferring Court. 12. It is further observed that if personal appearance of respondent/husband is not required, then he may be permitted to enter his appearance through video conferencing. 13. Pending application(s), if any, stands disposed of. No order as to cost(s). Sd/- (Naresh Kumar Chandravanshi) Judge Rukhsar RUKHSAR BANO Digitally signed by RUKHSAR BANO Date: 2025.08.28 17:04:09 +0530