1 2025:CGHC:11831 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 224 of 2024 Smt. Aalisha Afreen W/o Abdul Jamir, D/o. Mohd. Ali Ansari Aged About 26 Years R/o Daak Bunglow, Ward, Beside Doorbhash Kendra (Kothari Park), Dhamtari (C.G.) ... Petitioner versus Abdul Jamir S/o Abdul Mateen Aged About 30 Years R/o House No. 588/13 Ward No. 27, Laxmi Nagar, Beside Mata Kunti School, Mowa Saddu, Raipur, Tehsil And District Raipur (Chhattisgarh) ... Respondent For Petitioner : Mr. Shubhank Tiwari, Advocate For Respondent : Mr. Shrikant Koushik, Advocate (Hon’ble Mr. Justice Naresh Kumar Chandravanshi) Order on Board 10.3.2025 1. Petitioner/wife has preferred this transfer petition under Section 24 of the Civil Procedure Code, 1908 (henceforth 'CPC') for transfer of Case No.41/2024 (Abdul Jamir vs. Smt. Aalisha Afreen) pending before Second Additional Principal Judge, Family Court, Raipur to the Family Court, Dhamtari (CG). 2. Learned counsel appearing for the petitioner/wife submits that marriage of petitioner/wife was solemnized with the respondent/husband on 09.12.2022. After few months of the marriage, because of the ill treatment of the husband, the petitioner/wife was compelled to live apart from her husband and she is currently residing at her parental house at Dhamtari along with her minor child, aged about 09 BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2025.03.11 16:25:08 +0530 2 months. He would further submit that maintenance proceedings bearing MJC No.65/2024 is pending before the Family Court, Dhamtari, but the husband has filed application under Section 22 of the Muslim Marriage Act for restitution of conjugal rights bearing Case No.41/2024 before the Family Court, Raipur. It is further submitted that to and fro distance between Raipur and Dhamtari is about 150 Km and being a mother of 09 months old baby, it would be difficult for the petitioner to travel such long distance to attend the Court proceedings at Raipur. Hence he prayed that aforesaid civil suit bearing No.41/2024 be transferred from the Second Additional Principal Judge, Family Court, Raipur to Family Court, Dhamtari 3. Per contra, learned counsel for the respondent/husband submits that distance between Raipur and Dhamtari is only 80 km and there is direct bus connectivity between these two places, therefore, it would not be difficult for the petitioner to attend the Court proceedings at Raipur. However, he submits that maintenance proceedings is pending in the Family Court of Dhamtari. 4. I have heard learned counsel for the petitioner and perused the material placed on record. 5. In the matter of N.C.V. Aishwarya Vs. A.S. Saravana Karthik (2022 SCC Online SC 1199), their Lordships of the Supreme Court 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.” 3 6. Hon'ble Supreme Court in the case of Sumita Singh -v- Kumar Sanjay and another [(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 case of Rajani Kishor Pardeshi -v- Kishore Babulal Pardeshi [(2005) 12 SCC 237] has observed that the convenience of wife is to be preferred over the convenience of the husband. 7. In the instant case, the petitioner is mother of minor child, aged about 09 months, therefore, it would be difficult for her to travel from Dhamtari to Raipur to attend the court proceedings at Raipur. Undisputedly, one MJC No.65/2024 is already pending against the respondent/husband in the Family Court, Dhamtari and he has to attend that proceeding, hence, it would be convenient for the respondent/ husband also if the civil suit bearing No.41/2024 is transferred from the Court of Second Additional Principal Judge, Family Court, Raipur to Family Court, Dhamtari. 8. Considering the fact situation of the case and the distance between aforesaid two places and further 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. Accordingly, the instant transfer petition is allowed. It is ordered that the Civil Suit No.41/2024, pending before Second Additional Principal Judge, Family Court, Raipur (C.G.) be transferred to the Family Court, Dhamtari (CG) for its trial/ disposal in accordance with law. The Second Additional Principal Judge, Family Court, Raipur is directed to transmit the record of the above case to the Family Court, Dhamtari within a period of 15 days. 10. It is further directed that the Family Court, Dhamtari is directed to expedite the trial and conclude the same expeditiously, preferably within period of four months from the date of receipt of the record from transferring Court. The parties are also directed to cooperate with the concerned Family Court for early disposal of the case. 4 11. In view of above order, pending interim application, if any, stands disposed of. No order as to costs. Sd/- (Naresh Kumar Chandravanshi) Judge Bini