1 / 4 2025:CGHC:1090 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR T P C No. 215 of 20 24 • Smt. Sarita Khute W/o Prabhat Ware Aged About 26 Years R/o Village Janjgir, Ward No, 22, At Present R/o Devarmal, Police Station and Tahsil Sakti, District Sakti Chhattisgarh ... Petitioner versus • Prabhat Ware S/o Chhedilal Ware Aged About 30 Years, Caste- Satnami, R/o Village Janjgir, Ward No. 22, Police Station and Tahsil Janjgir, District Janjgir- Champa-Champa Chhattisgarh ... Respondent For Petitioner : Mr. Ankur Diwan, Advocate For Respondent : Mr. Paras Mani Shrivas, Advocate Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 08/01/2025 1. Petitioner (wife) has filed this transfer petition under Section 24 of the Code of Civil Procedure seeking prayer for transfer of Civil Suit, Matrimonial Case No. 216-A/2024 (Prabhat Ware vs. Smt. Sarita Khute), pending before learned Principal Judge, Family Court Janjgir, District Janjgir-Champa to the court at Sakti, District Sakti (C.G.). 2. Brief facts of the case are that marriage of petitioner and the respondent was solemnized on 19.05.2024 according to Hindu ritual and custom. After some time of marriage, some dispute took place between the parties, following the dispute, petitioner started living separately at her parental house at Devermal tahsil, Sakti. Petitioner has filed an application under Section 12 of the Domestic Violence Act before the learned Judicial Magistrate First Class, PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 4 Sakti. Respondent has also filed an application under Section 9 of the Hindu Marriage Act for restitution of conjugal rights before the learned Principal Judge, Family Court, Janjgir which is also pending consideration. 3. Learned counsel for petitioner submits that petitioner at present is residing at her parents house. Respondent has filed an application under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights before the learned Principal Judge, Family Court, Janjgir, District Janjgir-Champa, Chhattisgarh. Petitioner has filed an application under Section 12 of the Domestic Violence Act before the court of JMFC, Sakti which is pending consideration. He also submits that while the petitioner was residing in her matrimonial house, she was harassed mentally and physically. Respondent is a habitual drinker and he used to harass petitioner in intoxicating condition, due to which petitioner started living separately at her parental house and filed application under Section 12 of the Domestic Violence Act before the court of JMFC, Sakti, whereas proceedings under Section 9 of the Hindu Marriage Act filed by respondent is pending before Family Court, Janjgir which is about 45 kms away from the present address. Petitioner is solely dependent on her parents for her needs and is facing financial hardship. She will face difficulty in traveling from her place of resident to the court at Janjgir- Champa. Therefore, it will be in the interest of the parties, if both the proceedings are placed in one court/ one place ie., at Sakti. In support of his contention, he referred documents annexed along with petition. 4. On the other hand, learned counsel for respondent opposes the submission of learned counsel for petitioner and would submit that the respondent is a working man and does his job at Toyota car company showroom at Janjgir. He contended that if the case is transferred to Sakti, the apprehension of respondent is that the chances of restitution will bleak. He also submits that the petitioner can appear through Video Conferencing mode in the proceedings before the court at Sakti. 3 / 4 5. I have heard learned counsel for parties and perused the documents placed on record. 6. The proceedings which is filed by the respondent is under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights, there may be some dispute between the husband and wife which made the petitioner to reside separately as of now for which application for restitution of conjugal rights filed by respondent is pending before the Family Court, Janjgir, District Janjgir-Champa. The application is dated 23.09.2024. An application under Section 12 of the Domestic Violence Act, 2005 is also filed by petitioner which is pending before the Court of Judicial Magistrate First Class, Sakti. According to learned counsel for petitioner, petitioner is having no source of income to travel from Sakti to Janjgir to attend matrimonial proceedings, she has to travel by bus or train which will cause much hardship to petitioner. 7. Convenience of the wife to attend the case is also one of the considerations at the time of deciding transfer petition. 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 4 / 4 Supreme Court in the matter of Rajani Kishor Pardeshi vs. 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. 9. Considering the facts and circumstances of the case, 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 Case No. 216- A/2024 (Prabhat Ware vs. Smt. Sarita Khute), pending before learned Principal Judge, Family Court Janjgir, District Janjgir-Champa be transferred to Family Court, Sakti, District Sakti (C.G.). 11. The Family Court, Janjgir, District Janjgir-Champa is directed to transfer the record of the above case to the Family Court, Sakti forthwith. Parties are directed to appear before the Family Court, Sakti on 03.02.2025. 12. The learned Family Court, Sakti will make all endevours to conclude the proceedings of the case at the earliest subject to co-operation by the parties. 13. Registry of this Court is directed to send the copy of order to the Family Court, Janjgir, District Janjgir-Champa for necessary action. Sd/- (Parth Prateem Sahu) pwn JUDGE