1 2025:CGHC:49211 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 127 of 2025 1 - Seema Sahu W/o Kishore Sahu Aged About 24 Years D/o Kriparam Sahu, R/o Ward No. 55, Mahaveer Chowk, Lalpur Raipur, District- Raipur (C.G.) ... Petitioner versus 1 - Kishore Sahu S/o Kedar Sahu Aged About 27 Years R/o Block No. 66, Ward No. 56, Bombay Awas, Urla, Durg, District- Durg, (C.G.) ... Respondent For Petitioner : Mr. Sachin Nidhi, Advocate For Respondent : None though served Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 25/09/2025 1. This petition has been filed under Section 24 of the Civil Procedure Code, 1908 by the petitioner/wife seeking transfer of Case No.162/2025 from Principal Judge, Family Court, Durg to the Principal Judge, Family Court, Raipur. PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2025.09.25 16:36:47 +0530 2 2. The marriage between the parties was solemnized on 08.02.2023. After some time, the dispute arose between the parties. The respondent/husband has filed an application against the petitioner under Section 13 (1) (i-a), (i-b) of the Hindu Marriage Act, 1955 before the Principal Judge, Family Court, Durg for grant of decree of divorce. 3. Learned counsel for the petitioner submits that the wife is facing difficulties to travel for appearance before the Principal Judge, Family Court, Durg due to long distance. Therefore, he prays to transfer the said case for the convenience of the wife to participate in the proceedings. 4. Heard learned counsel for the petitioner and also perused the documents annexed with the petition carefully. 5. 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 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. 3 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.” 6. 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. 7. Consequently, the Transfer Petition is allowed and it is ordered that Case No.162/2025 pending before the Principal Judge, Family Court, Durg be transferred to the Principal Judge, Family Court, Raipur for its trial/disposal in accordance with law. 8. Further, the respondent/husband would be at liberty to participate in the proceedings through video conferencing/virtually unless otherwise directed by the concerned Court. 9. Both the parties are directed to remain present before the Principal Judge, Family Court, Raipur on 18.11.2025. 10.Counsel for the appellant is directed to apprise the concerned Court about the order passed by this Court forthwith. 11.C.C. today. Sd/- (Deepak Kumar Tiwari) Judge Priyanka