1 2025:CGHC:10178 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 22 of 2025 Arti @ Rajni W/o Ravi Swarnkar Aged About 30 Years R/o Bhandari Plat, Arvind Nagar, Bandhwapara Sarkanda, Bilaspur Tehsil And Distt. Bilaspur (Chhattisgarh) ... Petitioner versus Ravi Swarnkar S/o Premchand Sawarnkar Aged About 36 Years R/o- Maitri Vihar, H. No. 148/B, Dau Bada Talab, Supela Bhilai, Tehsil And Distt. Durg (Chhattisgarh) ... Respondent For Petitioner : Ms. Astha Shukla, Advocate For Respondent : Mr. P.Chetan Kumar, Advocate (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 28.02.2025 1. This petition has been preferred by the petitioner under Section 24 of the Civil Procedure Code, 1908 (henceforth 'CPC') for transfer of Civil Suit No.12/2025 (Ravi Swarnkar vs. Arti @ Rajni) pending before Principal Judge, Family Court, Durg to Principal Judge, Family Court, Bilaspur (CG). 2. Learned counsel appearing for the petitioner/wife submits that marriage of petitioner/wife was solemnized with the respondent/husband on 28.01.2014. After marriage, they resided together for about 06 years and they were blessed with a female child, presently aged about 09 years. Due to ill treatment and harassment meted out to the petitioner/wife by the respondent/husband and his family members, she was compelled to live apart from her husband and she is currently residing at her parental house at Bilaspur along with her 09 years old girl. Learned counsel would further submit that the respondent/husband has filed application under BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2025.03.03 14:07:45 +0530 2 Section 13(1)(A) of the Hindu Marriage, 1955 in the Family Court, Durg bearing Civil Suit No.12/2025. Distance between Durg and Bilaspur is about 170 Km and being a mother of minor girl, aged about 09 years, it would be difficult for the petitioner to travel such long distance to attend the Court proceedings in Durg. Hence, she prayed that aforesaid civil suit be transferred from Family Court, Durg to Family Court, Bilaspur 3. Per contra, learned counsel for the respondent/husband while opposing the submission made by learned counsel for the petitioner and the transfer petition submits that though distance between Durg and Bilaspur is about 170 km, but these two places are well connected with bus and train, hence, it would not be difficult for the petitioner to attend the Court proceedings in Durg. Hence, it is prayed that this transfer petition may be dismissed. 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.” 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, 3 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, as stated by counsel for the parties, the distance between Durg and Bilaspur is about 170 Km and the petitioner, being a mother of minor girl, aged about 09 years, it would be difficult for her to travel about 340 Km up-down to attend the Court proceedings at Durg, than her husband, if the case is not transferred from Family Court Durg to Family Court Bilaspur. 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 divorce case bearing Civil Suit No.12/2025, pending before Principal Judge, Family Court Durg (C.G.) be transferred to Principal Judge, Family Court, Bilaspur (CG) for its trial/ disposal in accordance with law. The Judge, Family Court, Durg is directed to transmit the record of the above case to the Family Court, Bilaspur within a period of 15 days. 10. It is further directed that the Family Court Bilaspur is directed to expedite the trial and conclude the same expeditiously, preferably within a 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