1 2025:CGHC:52127 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 142 of 2025 Smt. Rubina Masih W/o Vinay Lal D/o Minaj Masih, Aged About 28 Years R/o Ward No. - 04, Kawardha, Tehsil - Kawardha, District - Kabirdham (Kawardha) (C.G.). ... Petitioner. versus Vinay Lal S/o Wilson Lal Aged About 31 Years R/o Village - Khapari, Tehsil And Thana - Takhatpur, District - Bilaspur (C.G.) Mo. - 8827247501 ... Respondent. For Petitioner : Shri Sanjay Patel, Advocate. For Respondent : Shri Vikas Patel, Advocate. Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 27/10/2025 1. This Petition has been filed under Section 24 of the Civil Procedure Code, 1908 by the petitioner/wife seeking transfer of Civil Suit No.03A/2025 from Pradhan Nyayadhish (Principal Judge), Family Court (Kutumb Nyayalaya), Bilaspur (C.G.) to Family Court, Kawardha (C.G.). 2. The marriage between the parties was solemnized on 10.06.2020. After some time, dispute arose between the parties. The respondent/husband AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.10.27 16:23:38 +0530 2 filed an application against the petitioner under Section 32 of the Divorce Act, 1869 before the Pradhan Nyayadhish (Principal Judge), Family Court (Kutumb Nyayalaya), Bilaspur (C.G.). 3. Learned counsel for the petitioner submits that the wife/petitioner is suffering from Kidney disease and in that situation, it is very difficult for her to travel for appearance all along from Kawardha to Bilaspur, which is about 185 Km. and there is no direct train from Kawardha to Bilaspur. Considering the backdrop, learned counsel prays to transfer the said case for the convenience of the wife to participate in the proceedings. 4. Learned counsel for the respondent would oppose the aforesaid prayer. 5. Heard learned counsel for the parties and also perused the documents annexed with the petition carefully. 6. 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 sustenance to life. Given the prevailing socio-economic paradigm in the 3 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.” 7. Having regard to the submissions of learned counsel for the parties and in view of the aforesaid principles, this Court is inclined to allow the prayer made by the petitioner. 8. Consequently, the Transfer Petition is allowed and it is ordered that Civil Suit No.03A/2025 pending before Pradhan Nyayadhish (Principal Judge), Family Court (Kutumb Nyayalaya), Bilaspur (C.G.) be transferred to Family Court, Kawardha (C.G.) for its trial/disposal in accordance with law. 9. Both the parties are directed to remain present before the Family Court, Kawardha (C.G.) on 28.11.2025. 10.The respondent/husband would be at liberty to participate in the proceedings through video conferencing/virtually unless otherwise directed by the concerned Court. Sd/- (Deepak Kumar Tiwari) Judge Avinash/Priyanka