1 2025:CGHC:20199 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 52 of 2025 Firdoush Parvin W/o Taufiq Ahmad, D/o Late Ashlam Anshari Aged About 27 Years Occupation - Home-Maker, R/o Behind Bus-Stand, Lambi-Toli, Kunkuri, Post Office - Kunkuri, P.S. And Tahsil - Kunkuri, District - Jashpur Chhattisgarh Pin - 496225 ... Petitioner versus Taufiq Ahmad S/o Mufid Ahmad Aged About 31 Years Occupation- Motor Mechanic, R/o House No. 90/1, Bus-Stand-Para, Karabel, Post - Office - Jaiga, P.S. - Sitapur, Tahsil - Mainpat, District - Sarguja, Chhattisgarh ... Respondent For Petitioner : Mr. Hemant Gupta, Advocate. For Respondent : Mr. Abhishek Dubey, Advocate. Hon’ble Mr. Justice Naresh Kumar Chandravanshi Order on Board 02/05/2025 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. 231-A/2024 (Taufiq Ahmad vs. Firdoush Parvin) pending before Family Court, Ambikapur, District Sarguja to Circle Family Court, Kunkuri, District Jashpur. 2. Learned counsel appearing for the petitioner/wife submits that marriage of petitioner/wife was solemnized with the respondent/husband on 4th July, AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.05.07 15:03:12 +0530 2 2023 as per Muslim Rites & Rituals at Kunkuri. They have been blessed with one male child, aged about 2 years at present, but after some time of the marriage because of demand of dowry and harassment meted out to the petitioner/wife by respondent/husband and his family members, she has been compelled to leave apart from respondent/husband, therefore, she is residing alongwith her parents at Jashpur since long. He further submits that the petitioner/wife has filed application for grant of maintenance under Section 125 of the Cr.P.C. before the Family Court at Kunkuri Circle court, but respondent / husband has filed application for Restitution of Conjugal Rights in the Court of Principal Judge, Family Court, Ambikapur, District Sarguja bearing Civil Suit No. 231-A/24. It is further contended that one case is already pending against the respondent/husband in the Court of Kunkuri Circle Court and distance between Ambikpur to Kunkuri is about 230 kms. to and fro., therefore, it would be difficult for the petitioner/wife to travel from Kunkuri, District Jashpur to Ambikapur, District Sarguja, therefore, he prays that Civil Suit No. 231-A/2024 (Taufiq Ahmad vs. Firdoush Parvin) filed by respondent/husband in the Family Court, Ambikapur, District Sarguja (C.G.) be transferred to Circle Family Court, Kunkuri, District Jashpur. 3. Per contra, learned counsel appearing for the respondent / husband submits that distance between Ambikapur to Kunkuri is only 115 kms. and there is direct bus connectivity between these two places, therefore, it would not be difficult for the petitioner/wife to travel from Kunkuri to Ambikapur, District Sarguja to attend the hearing of aforesaid divorce case bearing Civil Suit No. 231-A/2024 filed by respondent/husband, therefore, transfer petition is liable to be dismissed. 4. I have heard learned counsel for the petitioner and respondent appearing in person and perused the material available on record. 3 5. Having considered the fact that one case is already pending against the respondent/husband in the Court of Kunkuri, District Jashpur, as such, respondent/husband has to go to Kunkuri to attend hearing of the aforesaid cases. In such a situation, it would be convenient for petitioner/wife as well as respondent/husband, if Civil Suit No. 231-A/2024 filed by respondent/husband for Restitution of Conjugal Rights is transferred from Family Court, Ambikapur, District Sarguja to Family Court, Kunkuri, District Jashpur (C.G.) 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 4 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. 9. Consequently, the instant transfer petition is allowed. It is ordered that the Civil Suit No. 231-A/2024 (Taufiq Ahmad vs. Firdoush Parvin) pending before Family Court, Ambikapur, District Sarguja be transferred to Circle Family Court, Kunkuri, District Jashpur for its trial/ disposal in accordance with law. The Principal Judge, Family Court, Ambikapur, District Sarguja is directed to transmit the record of the above case to the court of Circle Family Court, Kunkuri, District Jashpur within a period of 15 days. 10. It is further directed that the Circle Family Court, Kunkuri, District - Jashpur shall 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. Pending interim application, if any, stands disposed of. No order as to costs. Sd/- (Naresh Kumar Chandravanshi) Judge Amit/- 5 ({JUDGE_NAME}) JUDGE PSName