1 / 5 2025:CGHC:3895 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 216 of 2024 1. Arshiya Haque W/o Zakiuddin Farooqi aged about 29 yrs R/o House No. 18 Ward No. 5, Nagar Panchayat Churiya, Post Churiya, District- Rajnandgaon ( C.G.). Present R/o Risai Para Near Gayatri Mandir Dhamtari District Dhamtari ( C.G.). ... Petitioner versus 1. Jakiuddin Faruqi S/o Ahasanuddin Faruqi Aged About 32 Years R/o House No. 182 Ward Ward No 41, Kelabadi, In Front Of Muslilm Sanskrirti Bhawan, Tehsil And District- Durg ( C.G.). Address not completely mentioned in the application under Section 144 of BNSS) ... Respondent For Petitioner : Ms. Swekchha Sharma, Advocate For Respondent(s) : Mr. Anmol Sharma, Advocate SB: Hon’ble Mr. Justice Parth Prateem Sahu Order on Board 22/1/2025 1. Present petition is filed under Section 24 of the Civil Procedure Code, 1908 (for short ‘CPC’) by which applicant- wife seeks transfer of Civil Suit No.1027/2024 pending before the Principal Judge Family Court Durg to Family Court Dhamtari (CG). 2. Learned counsel for applicant wife submits that applicant and respondent are legally wedded husband and wife, their marriage was solemnized on 16.11.2023 in Rajnandgaon. After marriage, 2 / 5 certain matrimonial disputes were crept up as a result petitioner is living along with her parents in Dhamtari since 15.6.2024. Applicant / wife filed an application under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking maintenance from the respondent. Respondent has also filed an application under Section 11 read with Rule 125 of the Muslim Law for restitution of conjugal rights, which is pending before the Family Court, Durg (CG). To and fro distance from Dhamtari to Durg is approximately 140 kilometer, applicant is having no source of income and therefore, due to financial stringency, it is difficult for her to afford travel and other expenses for attending the hearing of case in Durg. She further submits that except the father of petitioner, who is suffering from cancer disease, there is no other male member to accompany applicant wife to attend the hearing of the case at Durg. In these circumstances, it would be inconvenient for applicant to attend every date of hearing at Durg. She further submits that since one case is already pending in the Family Court at Dhamtari, the respondent, who has already caused appearance in said case, can very well attend other case also, if it is transferred to Dhamtari. 3. On the other hand, learned counsel for respondent husband opposing the submissions of learned counsel for applicant, would submit that applicant wife can very well appear in the Court at Durg, as Durg is well connected with Dhamtari. Distance between Durg and Dhamtari is only 70 km and not 140 km as pleaded by petitioner. Petitioner has sufficient means and conveyance to travel such a short distance up to Durg to attend the court 3 / 5 proceeding. Petitioner-wife is not required to appear on each dates, on the contrary, she can enter her appearance through her counsel. 4. Heard learned counsel for the parties and perused the documents filed along with petition. 5. It is not in dispute that applicant married to respondent in the year 2023 as per Muslim custom and owing to matrimonial dispute, the couple started living separately. Applicant has filed an application under Section 144 of BNSS for maintenance before the Family Court, Dhamtari, in which respondent has already caused his appearance. 6. The grounds taken by applicant for transfer of civil suit is that application for grant of maintenance filed by applicant wife against respondent husband is already pending before the Family Court, Dhamtari, where applicant wife is residing. To and fro distance from Dhamtari to Durg is about 140 km and except the father of petitioner, who is suffering from cancer disease, there is no other male member to accompany her to Durg and therefore it would be very difficult for her to travel alone from Dhamtari to Durg. 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 4 / 5 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. Further, in the matter of Rajani Kishor Pardeshi vs. Kishore Babulal Pardeshi, reported in (2005) 12 SCC 237 it was observed that the convenience of wife is to be preferred over the convenience of the husband. 9. From the above decisions of the Hon’ble Supreme Court it is evident that it has been consistent view that primarily the convenience of the wife is to be given weightage for ordering transfer of proceedings at or near the place where she is residing. 10. As discussed above, petitioner’s application under Section 144 of BNSS is pending consideration before Family Court at Dhamtari; the respondent has caused appearance before the said Court. Therefore, it would be convenient for both the parties, if the case filed by respondent/husband seeking decree of divorce from wife is transferred from the Court of Principal Judge, Family Court, Durg to Family Court, Dhamtari, which would not cause any difficulty to respondent/ husband as he is already appearing before the said Court. 5 / 5 11. On due consideration of aforesaid facts and in light of the law laid down by the Hon’ble Supreme Court that convenience of the wife is one of the consideration while considering transfer petition in matrimonial cases, in the opinion of this Court, it is a fit case for transfer of the case as prayed for by petitioner/wife. 12. Accordingly, this transfer petition is allowed. Civil Suit No.1027/2024 (Jakiuddin Faruqi vs. Arshiya Haque), pending in the Court of learned Principal Judge, Family Court Durg is transferred to the Family Court Dhamtari (CG). The Principal Judge, Family Court Durg is directed to transfer the record of the case to the Family Court Dhamtari. 13. Parties are directed to appear before the Family Court, Dhamtari on 20.02.2025. The learned Family Court, Dhamtari will make all endeavors to conclude the proceedings of the case at the earliest, subject to co-operation by the parties. 14. Registry of this Court is directed to send a copy of the order to the Family Court Durg. Sd/- (Parth Prateem Sahu) Judge roshan/- SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI