-1- 2025:CGHC:1013 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 178 of 2024 Smt. Maneet Kaur W/o Gagandeep Singh Chhabra Aged About 28 Years Caste - Sikkh Resident Of Station Road Ward No. 12, Dongargarh, District - Rajnandgaon (C.G.) At Present Resident Of 1/4 Nehru Nagar, West Bhilai, District - Durg (C.G.) ... Petitioner versus Gagandeep Singh Chhabra S/o Sardar Harpal Singh Chhabra Aged About 29 Years Caste - Sikkh Resident Of Station Road Ward No. 12 Dongargah District - Rajnandgaon (C.G.) ... Respondent For Petitioner : Mr. Sudhanshu Kumar Singh, Advocate For Respondent : Mr. Prasoon Agrawal, Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 07/01/2025 1. Petitioner/wife has filed this Transfer Petition under Section 24 of C.P.C. for transfer of Civil Suit No.27-A/2024 between “Gagandeep Singh Chhabra Vs. Smt. Maneet Kaur”, from the Court of District Judge, Dongargarh, District Rajnandgaon to Family Court, Durg. 2. Learned counsel for the petitioner submits that the parties got married on 13.12.2023. After some time of marriage, petitioner Digitally signed by PRAVEEN KUMAR SINHA -2- was ill-treated on account of demand of dowry and she was ousted from matrimonial house, due to which, petitioner started living at her parental house at Bhilai, District- Durg. Petitioner has also filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short “Act of 2005”) which was registered as MJC (Cri.) No.1364 of 2024 [(Manmit Kaur Saini (Chhabda) Vs. Gagandeep Singh Chhabda and Ors.]. It is also submitted that an application under Section 125 of Cr.PC. for grant of maintenance is also filed by the petitioner/wife which was pending before the Family Court, Durg. Thereafter, respondent filed an application under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights before the District Judge, Dongargarh, District- Rajnandgaon. As above two proceedings filed by the petitioner are pending at Durg and respondent is causing appearance in all these proceedings, therefore, it may be in the interest of parties if the proceeding under Section 9 of the Act of 1955 pending in the Court of District Judge, Dongargarh, Rajnandgaon filed by the respondent/husband is transferred to Family Court, Durg. He also submits that petitioner is a lady. There is no other member in the family to accompany petitioner to travel from Durg to Dongargarh. As of now she is totally dependent on her parents and finding herself unable to bear huge expenses for stay, food etc. 3. On the other hand, learned counsel for the respondent opposes the submissions of learned counsel for the petitioner. -3- 4. I have heard learned counsel for the petitioner and perused the documents placed on record. 5. Perusal of the documents enclosed along with this petition would show that the petitioner has filed copy of application under Section 9 of the Act of 1955 filed by the respondent before District Judge, Dongargarh, District Rajnandgaon; proceedings under Section 12 of the Act of 2005 filed by the petitioner before Chief Judicial Magistrate First Class, Durg. It is also stated by learned counsel for the petitioner that the petitioner has also submitted an application seeking maintenance under Section 125 of Cr.P.C. before Family Court, Durg. Petitioner being the lady, there is no other member to accompany her to attend the Court proceedings at Dongargarh, District- Rajnandgaon, therefore, it would be very difficult for her in traveling from Durg to Dongargarh, Rajnandgaon. 6. Convenience of the wife to attend the case is one of the consideration at the time of deciding transfer petition. On the other hand as per documents placed on record, the respondent is already appearing before the Court at Durg in the Court proceedings filed by the petitioner. Therefore, it would be convenient for both the parties, if the application filed by respondent/husband under Section 9 of the Hindu Marriage Act bearing Civil Suit No.27-A/2024/2024 (Gagandeep Singh Chhabra Vs. Smt. Maneet Kaur) is transferred from the Court of District Judge, Dongargarh, District- Rajnandgaon to the Family Court, Durg, it would not cause any difficulty to -4- respondent/husband, as he is already appearing before the Court at Durg in different Court proceedings. He can submit appropriate application for bringing the date of hearing of all three cases on same date. 7. Hon’ble Supreme Court in case of of N.C.V. Aishwarya Vs. A.S. Saravana Karthik reported in 2022 SCC Online SC 1199, 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 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 Vs. 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 Vs Kishore Babulal Pardeshi, reported in (2005) 12 SCC 237 has -5- observed that the convenience of wife is to be preferred over the convenience of the husband. 9. Considering the facts and circumstances of the case and in light of the of law laid down by the Hon’ble Supreme Court, in the opinion of this Court it is a fit case for transfer of the case as prayed for by petitioner/wife. 10.Accordingly, this transfer petition is allowed. It is ordered that Civil Suit No.27-A/2024 (Gagandeep Singh Chhabra Vs. Smt. Maneet Kaur), pending before the District Judge, Dongargarh, District Rajnadgaon (CG) shall be transferred to the Family Court, Durg. 11.The District Judge, Dongargarh, District Rajnandgaon is directed to transfer the record of the above case to the Family Court, Durg forthwith. Parties are directed to appear before the Principal Judge, Family Court, Durg on 24th February 2025. 12.The learned Family Court, Durg will make all endevour to conclude the proceedings of the case at the earliest subject to cooperation by the parties. 13.Registry of this Court is directed to forward the copy of this order to the District Judge, Dongargarh, District - Rajnandgaon for necessary action and compliance. Sd/----/-/- (Parth Prateem Sahu) Judge Praveen