1 2025:CGHC:49990 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 219 of 2024 Riya Dadsena W/o Manoj Dadsena Aged About 25 Years R/o Near Ram Mandir, Behind Bus Stand, P.S. And Tehsil Nawagarh, District Bemetara, Chhattisgarh. ... Petitioner. versus Manoj Dadsena S/o Govardhan Dadsena Aged About 31 Years R/o Arikel Road, Basna, District Mahasamund, Chhattisgarh. ... Respondent. For Petitioner : Ms. Sareena Khan, Advocate. For Respondent : Shri Shikhar Sharma, Advocate. Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 08/10/2025 1. This Petition has been filed under Section 24 of the Civil Procedure Code, 1908 by the petitioner/wife seeking transfer of Case No.12-A/2024 from Family Court, Link Road Saraipali, District Mahasamund C.G. to the Family Court, Bemetara, District Bemetara. 2. The marriage between the parties was solemnized on 09.05.2022. After some time, the dispute arose between the parties. The AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.10.08 15:55:21 +0530 2 respondent/husband has filed an application against the petitioner under Section 9 of the Hindu Marriage Act,1955 before the Family Court, Link Road Saraipali, District Mahasamund C.G. for restitution of conjugal rights. 3. Learned counsel for the petitioner submits that the wife is facing difficulties to travel for appearance before the Family Court, Link Road Saraipali, District Mahasamund due to long distance and as the petitioner is having a girl child, therefore, the said case for the convenience of the wife to participate in the proceedings may be transferred. 4. Learned counsel for the respondent would not 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. 3 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 Case No.12-A/2024 pending before Family Court, Link Road Saraipali, District Mahasamund C.G. be transferred to the Family Court, Bemetara, District Bemetara for its trial/disposal in accordance with law. 9. Both the parties are directed to remain present before the Family Court, Bemetara, District Bemetara on 11 th November, 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