1 2025:CGHC:52126 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 147 of 2025 Smt Pinki Dahariya @ Khushi W/o Akhilesh Kumar Markandey Aged About 35 Years R/o Krishna Vihar Colony, Tilda P.S. Tilda Neora, District- Raipur, Chhattisgarh. ... Petitioner. versus Akhilesh Kumar Markandey S/o Dhruv Kumar Markandey Aged About 37 Years R/o Village Surki P.S. Dhadhi, District - Bemetara, Chhattisgarh ... Respondent. For Petitioner : Shri Roshan Singh Lamba appears on behalf of Shri BP Singh, Advocates. For Respondent : Shri Amit Tirki, 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 Case No.A/85/2025 from Family Judge, Bemetara, District Bemetara C.G. to Principal Judge, Family Court Raipur. 2. The marriage between the parties was solemnized on 03.05.2018. After some time, dispute arose between the parties. The respondent/husband filed an application against the petitioner under Section 13 of the Hindu AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.10.27 16:24:29 +0530 2 Marriage Act before the Family Court, Bemetara, for dissolution of marriage. 3. Learned counsel for the petitioner submits that the wife/petitioner is a helpless lady and she has no independent source of income because of which, it is very difficult for her to appear before the Family Court, Bemetara, as the distance between Bemetara to Raipur is about 130 Km To and Fro. Considering the backdrop, learned counsel prays to transfer the said case for the convenience of the wife to participate in the proceedings. 4. Shri Amit Tirki, Advocate would submit that he has already filed the Power on behalf of the respondent, however, his name has not been reflected in the cause list. He would oppose the prayer made by the petitioner. 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 3 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. 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 Case No.A/85/2025 pending before Family Judge, Bemetara, District Bemetara C.G. be transferred to Principal Judge, Family Court Raipur C.G. for its trial/disposal in accordance with law. 9. Both the parties are directed to remain present before the Family Court Raipur (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