1 2025:CGHC:46870 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 112 of 2025 Priyanka Dewangan W/o Uttam Kumar Dewangan Aged About 37 Years Currently Residing At Ashwani Pradeep (Father) Near Sai Mandir Tulsipur Tehsil And District - Rajnandgaon Chhattisgarh ... Petitioner versus Uttam Kumar Dewangan S/o Late Punaram Dewangan Aged About 37 Years R/o Dev Mobail Reparing Shop, Azad Chowk Ranitrai Road Patan District - Durg Chhattisgarh ... Respondent For Petitioner : Mr. Ashish Gangwani, Advocate For Respondent : None present, though served. (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 12.9.2025 1. Petitioner/wife has preferred this transfer petition under Section 24 of the Civil Procedure Code, 1908 (henceforth 'CPC') for transfer of Civil Suit No.45/2020 (Uttam Kumar Dewangan vs. Priyanka Pradeep Dewangan) pending before Principal Judge, Family Court, Durg to Family Court, Rajnandgaon (CG). 2. Learned counsel appearing for the petitioner/wife submits that marriage of petitioner/wife was solemnized with the respondent/husband on 12.9.2008 in accordance with Hindu rites and customs and out of their wedlock they have been blessed with one son, presently aged about 14 years. Within few years of their marriage, their relationship turned sour and the petitioner was forced to leave her matrimonial home and started living with her parents at Rajnandgaon along with her BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2025.09.16 11:48:18 +0530 2 minor son. The petitioner has filed application for maintenance under Section 144 BNSS bearing MJC No.79/2025 and application under Section 9 of the Hindu Marriage Act, for restitution of conjugal rights, bearing No.CS/10A/2025, before Family Court, Rajnandgaon. Due to harassment of the respondent/husband, the petitioner/wife also filed application under Section 12 of the Domestic Violence Act, before Judicial Magistrate First Class, Rajnandgaon bearing Criminal MJC No.24/25. He would further submits that if the divorce petition bearing Civil Suit No.45/2020 filed by the respondent/husband before Family Court, Durg is transferred to Family Court, Rajnandgaon, it would be convenient not only for the petitioner/wife, but also to the respondent/husband, as he can appear in all the cases in the Court of Rajnandgaon. Hence, it is prayed that present transfer petition may be allowed and Civil Suit No.45/2020 be transferred from Family Court, Durg to Family Court, Rajnandgaon. 3. None present for the respondent, though notice has been reported to be served. 4. I have heard learned counsel for the petitioner and perused the material placed on record. 5. In the matter of N.C.V. Aishwarya Vs. A.S. Saravana Karthik (2022 SCC Online SC 1199), their Lordships of the Supreme Court has held 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 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 3 society, generally, it is the wife's convenience which must be looked at while considering transfer.” 6. Hon'ble Supreme Court in the case of Sumita Singh -v- Kumar Sanjay and another [(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 case of Rajani Kishor Pardeshi -v- Kishore Babulal Pardeshi [(2005) 12 SCC 237] has observed that the convenience of wife is to be preferred over the convenience of the husband. 7. As per the petitioner, two cases i.e. MJC No.79/2025 seeking maintenance and another case bearing No.CS/10A/2025 (under Section 9 of the Hindu Marriage Act for restitution of conjugal rights,) are pending against the husband/respondent before Family Court, Rajnandgaon and another case under Section 12 of the Domestic Violence Act, bearing Criminal MJC No.24/25 is also pending against the husband/respondent before Judicial Magistrate First Class, Rajnandgaon and he has to attend proceeding in all the above cases at Rajnandgaon, hence, it would be convenient for the respondent/husband also if the divorce case bearing Civil Suit No.45/2020 is transferred from Principal Judge, Family Court, Durg (CG) to Family Court, Rajnandgaon, Distt. Rajnandgaon (CG). 8. Considering the fact situation of the case and also 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. 9. Accordingly, the instant transfer petition is allowed. It is ordered that Civil Suit No.45/2020, pending before the Principal Judge, Family Court, Durg be transferred to Family Court, Rajnandgaon Distt. Rajnandgaon (CG) for its trial/ disposal in accordance with law. The Principal Judge, Family Court, Durg (CG) is directed to transmit the record of the above case to the Family Court, Rajnandgaon, within a period of 15 days. 4 10. Further, the Family Court, Rajnandgaon is directed to expedite the trial and conclude the same expeditiously, preferably within a period of four months from the date of receipt of the record from transferring Court. The parties are also directed to cooperate with the concerned Family Court for early disposal of the case. 11. In view of above order, pending interim application, if any, stands disposed of. No order as to costs. Sd/- (Naresh Kumar Chandravanshi) Judge Bini