1 2025:CGHC:15953 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 25 of 2025 1 - Smt. Priyanka Sharma W/o Vaibhav Sharma Aged About 36 Years Presently Residing At K/o Krishna Kumar Sharma, Wholesale Grocer, Near Kerala Hotel, Jagdalpur, Tehsil- Jagdalpur, District- Bastar ( C.G. ) Pincode- 494001 ... Petitioner versus 1 - Vaibhav Sharma S/o Shri Shashikant Sharma Aged About 36 Years R/o A/90, Jeevan Colony, Rajnandgaon, Tehsil And District- Rajnandgaon ( C.G. ) Pincode- 491441, Mo. No.- 94255-59742, 97709-13500 ... Respondent For Petitioner : Mr. Nitesh Jain, Advocate. For Respondent : Mr. Aditya Bhardwaj, Advocate. (Hon’ble Mr. Justice Naresh Kumar Chandravanshi) Order on Board 04/04/2025 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. 137- A/2024 (Vaibhav Sharma vs. Smt. Priyanka Sharma) pending before Principal Judge, Family Court, Rajnandgaon to the Principal Judge, Family Court, Jagdalpur (C.G.). 2 2. Learned counsel appearing for the petitioner/wife submits that marriage of petitioner/wife was solemnized with the respondent/husband on 12.5.2022 as per Hindu Rites and Rituals. After marriage, because of persistent physical and mental harrassment meted out to the petitioner/wife by respondent/husband, she has been compelled to leave apart, therefore, she is residing alongwith her parents at Jagdalpur. He submits that the petitioner/wife has filed maintenance case bearing MJC No. 6/2025 (Smt. Priyanka Sharma vs. Vaibhav Sharma) against the respondent/husband, which is pending consideration before Family Court, Jagdalpur, District Baster and one criminal case for demand of dowry has also been filed by the petitioner/wife against the respondent/husband at Jagdlapur Court. As such, there are two cases pending against respondent/husband at Jagdalpur Court. He further submits that distance between these two places is about 300 kms, hence, it would be very difficult for the petitioner to travel such a long distance, as such, it is prayed Civil Suit No. 137-A/2024 filed by respondent/husband for restitution of conjugal rights may be transferred from Principal Judge, Family Court, Rajnandgaon to the Principal Judge, Family Court, Jagdalpur (C.G.). 3. Per contra, learned counsel appearing for the respondent / husband submits that petitioner herself does not want to reside in joint family of respondent/husband, therefore, she herself has left the company for respondent/husband without any sufficient reason, hence, the transfer petition is liable to be rejected. 4. I have heard learned counsel for the parties and perused the material available on record. 5. The distance between Jabalpur to Rajnandgaon is about 300 kms. hence, it would be very difficult for the petitioner / wife to travel such a long distance to attend hearing of the divorce case at Family Court, Rajnandgaon. 3 Further, the ground taken for the transfer of divorce case is that two cases filed by the petitioner / wife in respect of both the parties are pending before the Court at Jagdalpur, District Bastar, therefore, it would be convenient for both the parties, if divorce case bearing Civil Suit No. 137-A/2024 filed by respondent / husband before the Family Court, Rajnandgaon, be transferred to Family Court, Jagdalpur, District Bastar, rather it would not cause any difficulty for the husband, as he has to go in the hearing of two other cases filed by the petitioner/wife in the Court at Jagdalpur, District Bastar. 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 Pardeshi [(2005) 12 SCC 237] has observed that the convenience of wife is to be preferred over the convenience of the husband. 4 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. 137-A/2024 (Vaibhav Sharma v. Smt. Priyanka Shama) pending before Family Court, Rajnandgaon be transferred to the Family Court, Jagdalpur, District Bastar (C.G.) for its trial/ disposal in accordance with law. Family Court, Rajnandgaon is directed to transmit the record of the above case to the Family Court, Jagdalpur, District Bastar (C.G.) within a period of 15 days. 10. It is further directed that the Family Court, Jagdalpur, District Bastar (C.G.) 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. In view of above order, pending interim application, if any, stands disposed of. No order as to costs. Sd/- (Naresh Kumar Chandravanshi) Judge Amit/- AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.04.09 10:30:02 +0530