1 2025:CGHC:30766 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 198 of 2024 1 - Surjeet Kaur W/o Indradeep Singh And D/o Amir Singh Aged About 30 Years R/o Ramsagar Para Darri Road Korba, Police Station And Tahsil- Korba, District Korba, Chhattisgarh. ... Applicant versus 1 - Indradeep Singh S/o Jagdeep Singh Babra Aged About 40 Years R/o Deviganj Road, Babra Complex Ambikapur, Police Station And Tahsil- Ambikapur, District Sarguja, Chhattisgarh. ... Respondent For Applicant : Mr. Chandrikaditya Pandey, Adv. For Respondent : Mr. Shaktiraj Sinha, Adv. (Hon’ble Mr. Naresh Kumar Chandravanshi, J) Order on Board 4/7/2025 1 Applicant/wife has preferred this TPC under Section 24 of the Civil Procedure Code (in short 'CPC') for transfer of Civil Suit No. 189A/2024 (Indrardeep Singh Vs. Surjeet Kaur) pending before the Principal Judge, Family Court, Ambikapur, District Sarguja (CG) to the Family Court, Korba, District Korba. 2 Learned counsel for the applicant/wife submits that marriage of applicant/wife and respondent/husband was solemnized on 9-12-2022. After few month of marriage, husband started harassing the wife on various counts, as such, she has been compelled to live apart, therefore, she is Digitally signed by AVANISH KUMAR PATHAK Date: 2025.07.07 11:44:35 +0530 2 residing at korba along with her parents. Husband has filed divorce petition in Family Court, Ambikapur bearing Civil Suit No. 189A/2024. Distance from Korba to Ambikapur is about 160 km. Learned Counsel further submits that, looking to above facts, aforesaid civil suit be transferred from the Court of Principal Judge, Family Court, Ambikapur to Family Court, Korba. 3 On the other hand, learned counsel for the respondent/ husband submits that the applicant/wife is a young lady aged about 30 years, there is direct road connectivity between Korba and Ambikapur, therefore, it would not be difficult for the applicant to travel from Korba to Ambikapur. No sufficient reasons have been assigned by the applicant for transfer of the case. Hence, instant TPC may be rejected. 4 Heard learned counsel for the parties and perused the material available in the transfer petition and the relevant provisions. 5 Grounds raised by the applicant for transfer of the civil suit are that, the applicant is residing along with her parents and distance from Korba to Ambikapur is about 320 km to and fro, therefore, it would be difficult for her to travel such a long distance for attending the court proceedings at Ambikapur. 6 Hon'ble Apex Court in N.C.V. Aishwarya Vs. A.S. Saravana Karthik reported in 2022 SCC Online SC 1199 held at paras 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 3 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.” 7 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. 8 Considering the aforesaid facts of the case and 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 Consequently, the instant transfer petition is allowed. It is ordered that the Civil Suit No. 189A/2024 (Indradeep Singh Vs. Surjeet Kaur) pending before the learned Principal Judge, Family Court, Ambikapur (CG) be transferred to Family Court, Korba (CG) for its trial/disposal in accordance with law. 4 10 The Principal Judge, Family Court Ambikapur is directed to transmit the record of the aforesaid case to the Family Court, Korba (C.G.), within a period of 15 days from the date of receipt/submission of copy of this order. It is further observed that after receiving the case on transfer, the transferee Court 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. 11 In view of above order, pending interim application(s), if any, stands disposed of. No order as to costs. Sd/- (Naresh Kumar Chandravanshi) Judge Pathak