1 2025:CGHC:61157 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 179 of 2025 Paramjeet Bhamara D/o Surendra Singh Bhamara Aged About 44 Years R/o Pali Road, Jhabar, Thana Dipka, Distt. Korba, Chhattisgarh. ... Petitioner. Versus Devendra Kumar Kenwat S/o Late Shri Roop Singh Aged About 46 Years R/o Subhash Block, Secl Korba, Distt. Korba, Chhattisgarh. ... Respondent. For Applicant : Mr. Vikas Kumar Pandey with Mr. Titra Ram Patel, Advocates. For Respondent : Respondent present in person. Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 16/12/2025 1. This Petition has been filed under Section 24 of the Civil Procedure Code, 1908 by the petitioner/wife seeking transfer of Case bearing Civil Suit No.7A/2025 (Devendra Kumar Kenwat Vs. Paramjeet Bhamra) from the Family Court Korba (CG) to Family Court Katghora, District Korba (CG). 2. The marriage between the parties was solemnized on 04.07.2005 and out of such relation they have blessed with girl child who is aged about 11 years. After some time, the dispute arose between the parties due to which the petitioner started residing at her parental house. In May, 2025 the Digitally signed by AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2025.12.16 16:57:30 +0530 2 respondent/husband has filed an application under Section 13 (1) of the Hindu Marriage Act before the Family Court, Korba for divorce and the petitioner is seeking transfer of said case to Family Court, Katghora. 3. Learned counsel for the petitioner submits that the petitioner is household lady and it is and difficult to travel to Family Court, Korba to attend each and every hearing of the case as distance between the two courts is far. He also submits that applicant is having no source of income and it is not safe to travel with her minor daughter. Therefore, the case of the respondent may be transferred to Family Court, Katghora for the convenience of the wife to participate in the proceedings. 4. The respondent present in person and would oppose the aforesaid prayer. 5. Heard learned counsel for the applicant and respondent and also perused the documents annexed with the petition. 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. It is held that 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. It is also held that when two or 3 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 the submissions of the parties and in view of the aforesaid settled principle, 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 bearing Civil Suit No.7A/2025 pending before Family Court, Korba be transferred to the Family Court Katghora, District Korba (CG) for its trial/disposal in accordance with law. 9. The parties shall appear before the Family Court/Link Court Katghora on 16.01.2026. 10. The respondent/husband would be at liberty to participate in the proceedings through video conferencing/virtually unless otherwise directed by the concerned Court. 11. Pending application, if any, also stand disposed of. Sd/- /-Sd/- (Deepak Kumar Tiwari) Judge Ajay