1 2025:CGHC:49017 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 120 of 2025 Smt. Chitrarekha Chaudhary W/o Nohar Lal, Aged About 30 Years, D/o Santram Balkar, R/o Naya Para, Bhalesar, Police Station And Tahsil - Mahasamund, District - Mahasamund (C.G.), Present Address - Ward No. 11, Bairag Para, Pandariya, Police Station And Tahsil - Pandariya, District - Kabirdham (C.G.) ... Petitioner(s) versus Nohar Lal Chaudhary S/o Siyaram Chaudhary, Aged About 35 Years R/o Naya Para, Bhalesar, Police Station And Tahsil - Mahasamund, District Mahasamund (C.G.) ... Respondent(s) (Cause Title downloaded from CIS Periphery) For Petitioner(s) : Mr. Kanhaiya Ram Yadav, Advocate For Respondent(s) : Mr. Vijay Shankar Mishra, Advocate Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 24.9.2025 1. This petition has been filed under Section 24 of the Civil Procedure Code, 1908 by the petitioner/wife seeking transfer of Case No.15A/2025 from the SHYNA AJAY Digitally signed by SHYNA AJAY DN: cn=SHYNA AJAY, o=PERSONAL, st=Chhattisgarh, c=IN 2 Family Court, Mahasamund District Mahasamund (CG) to the Family Court, Kawardha, District Kabirdham (CG). 2. The marriage between the parties was solemnized in the year 2023. However, after sometime, a dispute arose between the parties. A child was also born out of the said marriage. The respondent/husband has filed an application against the petitioner under Section 13(a) of the Hindu Marriage Act, 1955 before the Family Court, Mahasamund for grant of a decree of divorce. 3. Learned counsel for the petitioner submits that the wife is facing difficulties in travelling to attend the hearing before the Family Court, Mahasamund due to the long distance. Therefore, he prays that the said case be transferred to the Family Court, Kawardha District Kabirdham for the convenience of the petitioner-wife to enable her to participate in the proceedings. 4. The aforesaid prayer is opposed by the other side. 5. Heard learned counsel for the parties and also perused the documents annexed with the petition carefully. 6. In the matter of N.C.V. Aishwarya Vs. A.S. Saravana Karthik (2022 SCC Online SC 1199) the Hon’ble Supreme Court has observed that generally it is wife’s convenience which must be looked at while considering transfer. The relevant portion of the aforesaid judgment is reproduced hereunder:- "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 3 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. 10.Further, when two or more proceedings are pending in different Courts between the same parties which raise common question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions.” 7. Having regard to the submissions of learned counsel for the petitioner and in view of the aforesaid principles, this Court is inclined to allow the prayer made by the petitioner. 8. Consequently, the Transfer Petition is allowed and it is ordered that Case No.15A/2025 pending before the Family Court, Mahasamund District Mahasamund be transferred to the Family Court, Kawardha, District Kabirdham (CG) for its trial/disposal in accordance with law. 9. Further, the respondent/husband would be at liberty to participate in the proceedings through video conferencing/virtually unless otherwise directed by the concerned Court. 10.Both the parties are directed to remain present before the Family Court, Kawardha, District Kabirdham (CG) on 27.11.2025. Sd/- (Deepak Kumar Tiwari) Judge Shyna 4