1 2025:CGHC:52395 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 12 of 2025 Smt. Sushma Giri W/o Krishna Raj Giri Aged About 33 Years R/o Gram - Parshurampur Tehsil And PES. Ramanuj Nagar, Dist - Surajpur Chhattisgarh (Original Non-Applicant) ... Applicant. Versus Krishnaraj Giri S/o Late Manohar Giri Aged About 35 Years R/o 24 Mines Colony, Katkona, Tehsil And P.S. Patna, Dist - Koriya Chhattisgarh (Original Applicant) ... Respondent. (Cause title downloaded from CIS Periphery) For Applicant : Ms. Priya Kaiwart, Advocate. For Respondent : None though notice has been served. Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 28/10/2025 1. This Petition has been filed under Section 24 of the Civil Procedure Code, 1908 by the petitioner/wife seeking transfer of Case No. HMA No.47-A/2024 (Krishna Raj Giri Vs. Smt. Sushma Giri) from the Family Court Baikunthpur, District Koriya to Family Court, Surajpur, District Surajpur. 2. The marriage between the parties was solemnized on 21.02.2017. After some time, the dispute arose between the parties. The respondent/husband has filed an application against the petitioner Digitally signed by AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2025.10.31 17:18:43 +0530 2 under Section 13 of the Hindu Marriage Act before the Family Court, Baikunthpur for divorce and the petitioner is seeking transfer of said case to Family Court, Surajpur as she is residing in District Surajpur. 3. Learned counsel for the petitioner submits that the petitioner is living with her small daughter at Surajpur and she is facing difficulties to travel to Family Court, Baikunthpur to attend each and every hearing of the case. She also submits that petitioner has filed an application under Section 125 of the Cr.P.C. for grant of maintenance from respondent before the Family Court Surajpur. Therefore, the case of the respondent may be transferred to Family Court, Surajpur for the convenience of the wife to participate in the proceedings. 4. Heard learned counsel for the petitioner and also perused the documents annexed with the petition. 5. 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 3 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.” 6. Having regard 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. 7. Consequently, the Transfer Petition is allowed and it is ordered that Case No.HMA No.47-A/2024 pending before Family Court, Baikunthpur District Koriya be transferred to the Family Court, Surajpur, District Surajpur for its trial/disposal in accordance with law. 8. Both the parties are directed to remain present before the Family Court, Surajpur C.G on 09.12.2025. 9. 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 Ajay