1 2025:CGHC:11830 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 27 of 2025 Neha @ Damini Sahu W/o Karan Sahu Aged About 20 Years D/o Ratan Sahu, Occupation- House Wife, R/o Ward No. 08, High School Kachna Raipur, P.S.- Khamhardih, Tahsil Raipur, District Raipur (C.G.) Present Address- Ramnagar, Ward No. 01 Kawardha, P.S. And Tahsil Kawardha, District Kabirdham (C.G.) ... Petitioner versus Karan Sahu S/o Shri Ajay Sahu Aged About 23 Years R/o High School VTC Kachna, P.O.- Saddhu, P.S.- Khamhardih, Raipur, Tahsil And District Raipur (C.G.) ... Respondent For Petitioner : Mr. Akash Shrivastava, Advocate For Respondent : None present, through represernted (Hon’ble Mr. Justice Naresh Kumar Chandravanshi) Order on Board 10.3.2025 1. Petitioner/wife has preferred this transfer petition under Section 24 of the Civil Procedure Code, 1908 (henceforth 'CPC') for transfer of Case No.1179/2024 (Karan Sahu vs. Neha Sahu) pending before Principal Judge, Family Court, Raipur to Family Court, Kawardha Distt. Kabirdham (CG). 2. Learned counsel appearing for the petitioner/wife submits that marriage of petitioner/wife was solemnized with the respondent/husband on 01.5.2023. After marriage, they resided together for about one year and they were blessed with a female child, presently aged about 09 months. It is further submitted that after few months of the marriage, the respondent/husband started harassing the wife physically and mentally on account of demand of dowry and left her in her parental BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2025.03.11 11:11:56 +0530 2 house. Thereafter they are residing separately. The petitioner wife delivered a child at her parental house at Kawardha. He would further submit that maintenance case filed by the wife bearing Misc. Criminal Case No.4/205 is pending consideration before the Family Court, Kawardha, but the husband has filed application under Section 9 of the Hindu Marriage, Act, 1955 for restitution of conjugal rights in the Family Court, Raipur. He would further submit that being a mother of 09 months baby, it would be difficult for the petitioner to travel from Kawardha to Raipur as to and fro distance between Kawardha and Raipur is about 240 Km, whereas, if the civil suit filed by the husband for restitution of conjugal rights, is transferred from Family Court Raipur to Family Court, Kawardha, then it would be easy for him as he has to come to Kawardha to attend the maintenance proceedings. Therefore, it is prayed that aforesaid civil suit bearing No.1179/2024 be transferred from Principal Judge, Family Court, Raipur to Family Court, Kawardha, Distt. Kabeerdham. 3. None present for the respondent, though vakalatnama has been filed on behalf of the respondent. 4. I have heard learned counsel for the petitioner and perused the material placed on record. 5. 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 3 convenience which must be looked at while considering transfer.” 6. Hon'ble Supreme Court in the case 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 case 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. 7. In the instant case, the petitioner is mother of minor child, aged about 09 months. Distance between Kawardha and Raipur is about 120 Km and the petitioner, being mother of minor child, aged about 09 months, it would be difficult for her to travel about 240 Km up-down to attend the Court proceedings at Raipur, than her husband, if the case is not transferred from Principal Judge, Family Court Raipur to Family Court Kawardha. 8. Considering the fact situation of the case and 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 civil suit, as prayed for. 9. Accordingly, the instant transfer petition is allowed. It is ordered that the Case No.1179/2024, pending before Principal Judge, Family Court, Raipur (C.G.) be transferred to the Family Court, Kawardha Distt. Kabirdham (CG) for its trial/ disposal in accordance with law. The Principal Judge, Family Court, Raipur is directed to transmit the record of the above case to the Family Court, Kawardha within a period of 15 days. 10. It is further directed that the Family Court Kawardha is directed to 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. The parties are also directed to cooperate with the concerned Family Court for early disposal of the case. 4 11. In view of above order, pending interim application, if any, stands disposed of. No order as to costs. Sd/- (Naresh Kumar Chandravanshi) Judge Bini