1 2025:CGHC:9892 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 172 of 2024 Smt. Jayanti Binjhwar W/o Ravi Kumar Aged About 34 Years R/o Nayapara (Nargoda), Police Station Seepat, District Bilaspur, C.G., At Present Resident Of C/o Shri Mahadev Binjhwar Resident Of Village Karmandi, Police Chowki Naila, District- Janjgir-Champa, C.G., Now Working And Posted At Government Primary School, Devnagar, Block Ramanujganj, District Surajpur, C.G. ... Petitioner versus Ravi Kumar S/o Gopal Prasad Aged About 35 Years R/o Nayapara (Nargoda), Police Station Seepat, District Bilaspur, C.G. ... Respondent For Petitioner : Mr. Kunwar Sahu, Advocate. For Respondent : Mr. Nasimuddin Ansari, Advocate. Both the parties are also present in person. Hon’ble Mr. Justice Naresh Kumar Chandravanshi Order on Board 27/02/2025 Heard. 1. Petitioner wife has preferred this transfer petition under Section 24 of the Civil Procedure Code, 1908 (henceforth 'CPC') for transfer of Civil Suit No. 267-A/ 2024 pending before the Court of Principal Judge, Family Court, Bilaspur, District Bilaspur (C.G.) to the Court of Family Court, Surajpur, District Surajpur (C.G.). 2 2. Learned counsel appearing for the petitioner/wife submits that marriage of petitioner/wife was solemnized with the respondent/husband on 27.04.2015 as per Hindu rites and rituals, thereafter, they lived together for about 3 years. Subsequently, respondent / husband and his family members ousted the petitioner / wife, as such, she has been compelled to live apart from him. He further submits that presently the petitioner/wife is working on the post of Assistant Teacher (Science) at Govt. Primary School, Devnagar, Block Ramanujnagar, District Surajpur (C.G.). It is contended that respondent / husband has filed divorce petition bearing Civil Suit No. 267-A/2024 before the court of Principal Judge, Family Court, Bilaspur, District Bilaspur (C.G.). It is contended that distance between Bilaspur to Surajpur is about 280 kms. and being a lady, it would be very difficult for her to travel such long distance i.e. 560 kms to and fro to attend the court proceeding at Surajpur, hence, it is prayed that divorce petition bearing Civil Suit No. 267-A/2024 filed by the respondent/husband may be transferred from the Court of Principal Judge, Family Court, Bilaspur, District Bilaspur to the court of Principal Judge, Family Court, Surajpur, District Surajpur 3. Per contra, learned counsel appearing for the respondent / husband submits that though distance between Bilaspur & Surajpur is 560 kms. to and fro, but there is direct connectivity via bus between these two places, hence, the petitioner can travel between these two places, hence, the transfer petition is liable to be dismissed. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Having regard to the fact that the petitioner/wife is residing at Ramanujnagar, District Surajpur (C.G.), but the respondent/husband has filed divorce petition bearing Civil Suit No. 267-A/2024 (Ravi Kumar vs. Smt. 3 Jayanti Binjhwar) in the Court of Principal Judge, Family Court, Bilaspur; and the distance between Biaslpur to Surajpur is 560 kms. to and fro, therefore, being a lady it would be very difficult for her to travel such long distance i.e. 560 kms to and fro to attend the court proceeding at Surajpur. 6. 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.” 7. Hon'ble Supreme Court in the matter 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 matter 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. 8. Considering the fact situation of the case, which has been observed in preceding paragraphs of his order and in light of the principles of law laid down by the Apex Court in aforecited cases; it is a fit case for transfer of the civil suit, as prayed for. 4 9. Consequently, the instant transfer petition is allowed. It is ordered that the Civil Suit No. 267-A/ 2024 pending before the Court of Principal Judge, Family Court, Bilaspur, District Bilaspur (C.G.) be transferred to the Court of Family Court, Surajpur, District Surajpur (C.G.) for its trial/ disposal in accordance with law. Principal Judge, Family Court, Bilaspur is directed to transmit the record of the above case to the court of Family Court, Surajpur within a period of 15 days. 10. It is further directed that the Family Court, Surajpur, District Surajpur (C.G.) 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. 11. In view of above order, pending interim application, if any, stands disposed of. No order as to costs. Sd/- (Naresh Kumar Chandravanshi) Judge Amit/- AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.03.03 16:25:55 +0530 5