1 2025:CGHC:11142 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 227 of 2024 Paro Khatoon @ Shriti Meshram W/o Siddharth Meshram Aged About 32 Years Resident Of House No. 47, Capital City Phase-I, Saddhu, Raipur, Tahsil And District- Raipur (C.G.) At Present Resident Of Village- Dugdugiya, Kunkuri, Tahsil- Kunkuri, District- Jashpur, Chhattisgarh ... Petitioner versus Siddharth Meshram S/o Shri Ramcharan Meshram Aged About 34 Years R/o D/11/A, Street No. 6, Shriram Nagar Phase-1, Near T.V. Tower, Shankar Nagar, Raipur, Tahsil And District- Raipur (Chhattisgarh) ... Respondent For Petitioner : Mr. Jitendra Kumar Saxena, Advocate For Respondent : None present (Hon’ble Mr. Justice Naresh Kumar Chandravanshi) Order on Board 06.3.2025 1. Petitioner/wife has preferred this transfer petition under Section 24 of the Civil Procedure Code, 1908 (henceforth 'CPC') for transfer of Case No.1182/2024 (Siddharth Meshram vs. Shriti Meshram) pending before Principal Judge, Family Court, Raipur to the Family Court (Link Court), Kunkuri Distt. Jashpur (CG). 2. Learned counsel appearing for the petitioner/wife submits that marriage of petitioner/wife was solemnized with the respondent/husband on 23.01.2019. After marriage, they resided together for about 04 years and BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2025.03.07 17:37:21 +0530 2 they were blessed with a female child, presently aged about 08 years. Due to ill treatment and harassment meted out to the petitioner/wife by the respondent/husband, she was compelled to live apart from her husband and she is currently residing at her parental house at Kunkuri along with her minor child, aged about 08 years. Learned counsel would further submit that the respondent/husband has filed application under Section 13(1)(ia) of the Hindu Marriage Act, 1955 for decree of divorce bearing No.1182/2024 before Principal Judge, Family Court, Raipur. He further submits that distance between Kunkuri and Raipur is about 600 km and there is no direct connectivity between these two places. Being mother of minor girl, aged about 08 years, it would be difficult for the petitioner to travel such long distance to attend the Court proceedings at Raipur. Hence, it is prayed that aforesaid divorce petition bearing No.1182/2024 be transferred from Principal Judge, Family Court, Raipur to Family Court (Link Court), Kunkuri District Jushpur. 3. Notice issued to the respondent is reported to be served upon the father of the respondent. Despite that, no representation is made on his behalf. 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 3 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.” 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 08 years. Distance between Kunkuri and Raipur is about 600 Km and it would be difficult for the petitioner, who is mother of 08 year old minor child, to travel about 600 Km to attend the Court proceedings at Raipur, than her husband, if the case is not transferred from Principal Judge, Family Court Raipur to Family Court (Link Court), Kunkuri, Distt. Jashpur. 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 Case No.1182/2024 pending before Principal Judge, Family Court Raipur (C.G.) be transferred to the Family Court (Link Court), Kunkuri, Distt. Jashpur 4 (CG) for its trial/ disposal in accordance with law. The Principal Judge, Family Court, Raipur is directed to transmit the record of the above case to the Family Court (Link Court), Kunkuri, Distt. Jashpur, within a period of 15 days. 10. It is further directed that the Judge, Family Court (Link Court), Kunkuri, Distt. Jashpur 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. 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