1 2025:CGHC:30439 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 83 of 2025 1 - Smt. Bhavana Singh D/o Gulab Singh Aged About 34 Years Occupation - Homemaker R/o Jainagar Ward No. 3 Babupara, P.S. Jainagar District Surajpur Chhattisgarh. ... Petitioner versus 1 - Mahendra Singh S/o Rajkapoor Singh Aged About 34 Years By Caste - Shatriya R/o Village Ward No. 10 Post Office Line Charcha Qua.No. 145 P.S. Charcha Tahsil Baikunthpur District Koriya Chhattisgarh. ... Respondent (Cause title taken from Case Information System) For Petitioner : Mr. Dev Ashish Biswas, Advocate. For Respondent : Mr. Pushkar Sinha, Advocate. Hon’ble Shri Justice Naresh Kumar Chandravanshi Order on Board 04/07/2025 1. Heard. 2. The petitioner/wife has filed the instant petition under Section 24 of the Code of Civil Procedure (for short ‘CPC’) for transfer of Civil RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.07.07 11:56:39 +0530 2 Case bearing No.21A/2025 (Mahendra Singh Versus Smt. Bhavana Singh) pending before the Principal Judge, Family Court, Baikunthpur, District Koriya (C.G.) to the Principal Judge, Family Court, Surajpur, District Surajpur (C.G.). 3. Learned counsel for the petitioner submits that marriage of petitioner/wife was solemnized with the respondent/husband on 11.05.2018 as per the Hindu rites and rituals, thereafter, they have been blessed with a female child, aged about 6 years at present. After marriage, petitioner was residing with her husband/respondent at Kondagaon, where he was posted as teacher. Respondent/husband used to harass the petitioner on demand of dowry and also on various counts, as such, she has been compelled to live apart with her parents at Surajpur. He further submit that respondent/husband has filed a diverse petition bearing Civil Suit No.21A/2025 (Mahendra Singh Versus Smt. Bhavana Singh) pending before the Principal Judge, Family Court, Baikunthpur, District Koriya (C.G.). Distance between Baikunthpur to Surajpur is about 40 Kms, but two cases i.e. domestic violence case bearing nomenclature Criminal MJC No.105/2025 and Civil Suit No.35A/2025 for custody of daughter respectively are pending against the respondent/husband before Surajpur Court in which the respondent-husband has entered his appearance. He further submits that though distance between Baikunthpur to Surajpur is only 40 Kms but since two cases are already pending at Surajpur Court against the respondent- 3 husband, therefore, it would be convenient for him also to attend hearing at Surajpur, if diverse petition bearing No.21A/2025 (Mahendra Singh Versus Smt. Bhavana Singh) is transferred from the Family Court, Baikunthpur, District Koriya (C.G.) to Family Court, Surajpur, District Surajpur. Hence, he prayed that the application may be allowed. 4. Per Contra, learned counsel for the respondent would submit that the distance between Baikunthpur and Surajpur is only 40 kms and there is direct road connectivity between two places. Learned counsel for the respondent further submits that presently respondent is posted at Raipur and their daughter is also residing with him at Raipur, therefore, transferring of diverse petition from Baikunthpur to Surajpur will cause more difficulty to the respondent than the petitioner, hence, he prayed that prayer made in this petition may be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Though, distance between Baikunthpur to Surajpur is said to be only 40 Kms, but two cases are already pending against respondent-Husband before Surajpur Court in which the respondent-husband has entered his appearance, therefore, if divorce petition filed by the respondent-Husband is transferred from Baikunthpur to Surajpur, then it would be beneficial for respondent-Husband also as he can attend in all three cases 4 before the Surajpur Court. 7. Hon'ble Apex Court in the case of N.C.V. Aishwarya Vs. A.S. Saravana Karthik reported in 2022 SCC Online SC 1199 held at paras 9 which reads 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.” 8. Hon'ble Supreme Court in the matter of Sumita Singh Versus Kumar Sanjay and another reported in (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 Versus Kishore Babulal Pardeshi reported in (2005) 12 SCC 237 has observed that the convenience of wife is to be preferred over the convenience of the 5 husband. 9. Considering the aforesaid facts of the case that two cases are pending against the respondent-husband, also considering the distance between aforesaid two places and further considering the aforecited case laws, wherein it has been observed that, in transfer of matrimonial cases, the wife's convenience must be looked into, in the considered opinion of this Court, it is a fit case for transfer of the divorce petition, as prayed for. 10. Consequently, the instant transfer petition is allowed. It is ordered that the diverse petition bearing No.21A/2025 (Mahendra Singh Versus Smt. Bhavana Singh) pending before the Principal Judge, Family Court, Baikunthpur, District Koriya (C.G.) be transferred to the Principal Judge, Family Court, Surajpur, District Surajpur (C.G.). for its trial/disposal in accordance with law. 11. The the Principal Judge, Family Court, Baikunthpur, District Koriya (C.G.) is directed to transmit the record of the aforesaid divorce petition bearing Case No.21A/2025 (Mahendra Singh Versus Smt. Bhavana Singh) to the Principal Judge, Family Court, Surajpur, District Surajpur (C.G.) within a period of 15 days from the date of receipt/submission of copy of this order. It is further observed that after receiving the case on transfer, the transferred Court is directed to consider and decide the case expeditiously, preferably within a further period of four months from the date of receipt of the record from the transferring Court. 6 12. Both the parties are also directed to cooperate with the proceedings of the Family Court, Surajpur for expeditious disposal of the case. 13. In view of above order, pending interim application(s), if any, stands disposed of. No order as to costs. Sd/- (Naresh Kumar Chandravanshi) Judge Ravi Mandavi