1 2025:CGHC:12007 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 30 of 2025 Smt. Jyoti Anandan W/o Anmol Nand Aged About 38 Years D/o Richard Anandan (Staff Nurse Medical College, Raigarh), R/o Sakti, District Sakti (C.G.), Present Address Jyoti Anandan Through Vijay Lal Bajirao Para, District Raigarh (C.G.) Mob. No. 7694026486 ... Petitioner versus Anmol Nand S/o Lusiyas Nand Aged About 40 Years Caste - Isai (Professor Colombia College) Raipur, R/o Radhaswamy Satsang Ke Pass, Rudri Road Dhamtari, Tahsil And District Dhamtari (C.G.). ... Respondent For Petitioner : Mr. Vikas Kumar Pandey, Advocate For Respondent : Mr. Deepak Diwakar, Advocate (Hon’ble Mr. Justice Naresh Kumar Chandravanshi) Order on Board 11.3.2025 1. Petitioner/wife has preferred this transfer petition under Section 24 of the Civil Procedure Code, 1908 (henceforth 'CPC') for transfer of Case No.06A/2024 (Anmol Nand vs. Smt. Jyoti Anandan) pending before Judge, Family Court, Dhamtari to Family Court, Raigarh (CG). 2. Learned counsel appearing for the petitioner/wife submits that marriage of petitioner/wife was solemnized with the respondent/husband on 29.10.2012. After marriage, they adopted a girl child, who is presently aged about 08 years and residing with the petitioner. It is further submitted that the petitioner is working as BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2025.03.12 10:18:38 +0530 2 Staff Nurse in Medical College, Raigarh, as such, she is residing at Raigarh. The respondent/husband is working as Professor in Colombia College, Raipur. Learned counsel for the petitioner submits that the petitioner wants to continue her marital life with the husband, but the husband filed divorce petition under Section 10(1)(ix) of the Divorce Act, 1869 in the Family Court, Dhamtari. Learned counsel further submits that allegation against the petitioner is that she is pressurizing the respondent to leave his job. The husband has also levelled various allegations against the petitioner. Learned counsel would further submit that to and fro distance between Dhamtari and Raigarh is more than 500 Km and there is no direct connectivity between these two places. Being lady, it would be difficult for the petitioner to travel such long distance, hence, it is prayed that divorce petition HM Case No.06A/2024 filed by the husband in Family Court, Dhamtari be transferred to Family Court, Raigarh. 3. Per contra, learned counsel for the respondent/husband would submit that he has no objection in transferring the divorce petition from Family Court Dhamtari to Family Court Raigarh. 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 3 paradigm in the Indian society, generally, it is the wife's 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, undisputedly, both the parties are residing at different places, i.e. at Raigarh and Raipur, but surprisingly, the husband has filed divorce petition in the Family Court, Dhamtari, which shows his ulterior intention. Further, as contended by learned counsel for the petitioner, to and fro distance between two places is more than 500 Km. and being a lady, it would be difficult for the petitioner to travel from Raigarh to Dhamtari to attend the Court proceeding at Dhamtari. 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 Case No.06A/2024 pending before Judge, Family Court, Dhamtari (C.G.) be transferred to the Family Court, Raigarh (CG) for its trial/ disposal in accordance with law. The Judge, Family Court, Dhamtari is directed to transmit the record of the above case to the Family Court, Raigarh within a period of 15 days. 10. It is further directed that the Family Court Raigarh 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