1 2025:CGHC:51550 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 214 of 2024 Smt. Asha Dinkar W/o Sunil Dinkar, Aged About 32 Years R/o Village- Jondhra, P.S.-Pachpedi, District-Bilaspur (C.G.) ... Applicant. Versus Sunil Dinkar S/o Ramchandra Dinkar, Aged About 36 Years R/o Near Banjari Mandir, Lal Bahadur Shastri Ward No.12, Rawabhata, Tahsil And District-Raipur (C.G.) ... Respondent. For Petitioner : Mr. Abhishek Niral, Adv on behalf of Mr. P. K. Tulsyan, Advocate. For Respondent : Mr. C. R. Sahu, Advocate. Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 16/10/2025 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/749/2019 (Sunil Dinkar Vs. Asha Dinkar) from the Court of Principal Judge, Family Court Raipur to Family Court, Bilaspur. 2. The marriage between the parties was solemnized on 20.04.2007. 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: 2025.10.16 15:15:10 +0530 2 under Section 13 of the Hindu Marriage Act before the Family Court, Raipur for divorce and the petitioner is seeking transfer of said case to Family Court, Bilaspur. 3. Learned counsel for the petitioner submits that the wife is facing difficulties to travel to Family Court, Raipur due to long distance of 120 Kms and it is inconvenient for her to travel to Raipur and and return to Bilaspur on the same day. Therefore, the case of the respondent may be transferred to Family Court Bilaspur for the convenience of the wife to participate in the proceedings. 4. Learned counsel for the respondent would 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 3 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. 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.HMA/749/2019 pending before Family Court, Raipur be transferred to the Family Court, Bilaspur C.G for its trial/disposal in accordance with law. 9. Both the parties are directed to remain present before the Family Court, Bilaspur C.G on 24.11.2025. 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/- /-Sd/-Sd (Deepak Kumar Tiwari) Judge Ajay