1 2025:CGHC:49018 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 206 of 2024 Ishwari Nirmalkar W/o Shri Vikram Kannauje, Aged About 27 Years R/o Village - Binjhawarpara Chhuri, Police Station - Katghora District - Korba (C.G.) ... Petitioner(s) versus Vikram Kannauje S/o Shri Pawan Kannauje, Aged About 28 Years, R/o Lawan Road, Near Kali Mandir, Balodabazar, Police Station- City Kotwali, Balodabazar, District- Balodabazar- Bhatapara (C.G.) ... Respondent(s) (Cause Title downloaded from CIS Periphery) For Petitioner(s) : Mr. Rishi Rahul Soni, Advocate For Respondent(s) : None 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 Civil Suit A/76/2024 from the SHYNA AJAY Digitally signed by SHYNA AJAY DN: cn=SHYNA AJAY, o=PERSONAL, st=Chhattisgarh, c=IN 2 Family Court, Balodabazar-Bhatapara (CG) to the Family Court, Camp Court, Katghora, District Korba (CG). 2. The marriage between the parties was solemnized in the year 2022. After sometime, a dispute arose between the parties. The respondent/husband has filed an application against the petitioner under Section 13(1)(i-b) of the Hindu Marriage Act, 1955 before the Family Court, Balodabazar-Bhatapara (CG) 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, Family Court, Balodabazar-Bhatapara (CG) due to the long distance. Further, the petitioner-wife has no source of income and she is being paid no maintenance. Therefore, he prays that the said case be transferred to the Family Court, Camp Court, Katghora, District Korba (CG) for the convenience of the petitioner-wife to enable her 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 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.” 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 Civil Suit A/76/2024 from the Family Court, Balodabazar-Bhatapara (CG) be transferred to the Family Court, Camp Court, Katghora, District Korba (CG) 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 Family Court, Camp Court, Katghora, District Korba (CG) on 27.11.2025. Sd/- (Deepak Kumar Tiwari) Judge Shyna 4