1 2025:CGHC:14261 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 35 of 2025 Smt. Shraddha Jaisawal W/o Sanjeev Kumar Jaisawal, D/o Shri Shiv Kumar Jaisawal Aged About 30 Years R/o Ward No. 11, Rahamaniya Chowk, Purani Basti Katghora, Village - Post And Tahsil- Katghora, District- Korba, Chhattisgarh. ... Petitioner versus Sanjeev Kumar Jaisawal S/o Shri Dinesh Kumar Jaisawal Aged About 36 Years R/o Plot No. 6, Ravi Colony Gokuldham, Mendra, Village- Saida, Post- Saida, Police Station- Sirgitti, Tahsil And District- Bilaspur, Chhattisgarh ... Respondent (Cause title, as taken from Case Information System) For Petitioner : Mr. Suryapratap Yuddhveer Singh, Advocate. For Respondent : Ms. Chetna Sharma, Advocate on behalf of Mr. Guru Prasad Kurre, Advocate. (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order On Board 25/03/2025 1. Heard. 2. The petitioner/wife has filed the instant petition under Section 24 of the Code of Civil Procedure (for short ‘CPC’), 1908 for transfer of Civil Suit No. 30A/2025 (Sanjeev Kumar Jaisawal vs. Smt. Shraddha Jaisawal) pending before the learned First Additional Principal Judge, Family Court, Bilaspur (CG) to the learned Family Court (Link Court) Katghora, District Korba (CG). 3. Learned counsel for the petitioner would submit that marriage of petitioner/wife was solemnized with the respondent/husband on RUKHSAR BANO Digitally signed by RUKHSAR BANO Date: 2025.03.26 16:11:24 +0530 2 21.06.2022. Thereafter, they resided together in her matrimonial place at Bilaspur. Because of physical and mental cruelty meted out to the petitioner/wife by respondent/husband, she was compelled to leave company of respondent/husband, therefore, she is residing along with her parents at Katghora, District Korba. He would further submit that petitioner/wife has filed case under the Protection of Women from Domestic Violence Act, 2005 (henceforth referred to as “Domestic Violence Act”) against respondent/husband bearing Criminal Case No.17/2024 before the Judicial Magistrate First Class, Katghora, District Korba, thereafter, respondent/husband has filed application under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights bearing Civil Suit No.30A/2025 before Family Court, Bilaspur. He further submitted that to and fro distance between Katghora and Bilaspur is about 160 Km and being a lady, it would be difficult for her to travel such distance. Learned counsel further submitted that since case under the Domestic Violence Act has already been pending against respondent/husband before the Judicial Magistrate First Class, Katghora, District Korba, therefore, it is prayed that civil suit filed by respondent/husband be transferred from Family Court, Bilaspur to the Family Court (Link Court) Katghora, District Korba (CG). 4. Per Contra, learned counsel for the respondent/husband would submit that distance between said two places are not too much and there is frequent connectivity by buses between these two places, as such, it would not be difficult for petitioner/wife to travel from Katghora to Bilaspur to attend hearing in civil suit, therefore, petition is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record carefully. 3 6. Though distance between Katghora and Bilaspur is said to be about 80 km and there is frequent bus connectivity also but to and fro the distance is 160 Km. It is also not disputed that one case under the Domestic Violence Act bearing Criminal Case No.17/2024 is already pending against respondent/husband in the Court of Judicial Magistrate First Class, Katghora, therefore, if civil suit filed by respondent/husband is transferred from the Family Court, Bilaspur to the Family Court (Link Court) Katghora, then it would be convenient for respondent also to attend hearing at the same place in both the cases. 7. Hon'ble Apex Court in 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 4 convenience of the husband. 9. Considering the aforesaid facts of the case, as discussed in preceding paragraphs 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. 10. Consequently, the instant transfer petition is allowed. It is ordered that the Civil Suit No.30A/2025 (Sanjeev Kumar Jaisawal vs. Smt. Shraddha Jaisawal) pending before the learned First Additional Principal Judge, Family Court, Bilaspur (CG) be transferred to the Family Court (Link Court) Katghora, District Korba (C.G.) for its trial/disposal in accordance with law. 11. The First Additional Principal Judge, Family Court, Bilaspur (CG) is directed to transmit the record of the aforesaid Civil Suit No. 30A/2025 to the Family Court (Link Court) Katghora, District Korba (C.G.), within a period of 15 days from the date of receipt/submission of a 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 as early as possible, preferably within a further period of four months from the date of receipt of the record from the transferring Court. 12. Pending application(s), if any, stands disposed of. No order as to costs. Sd/- (Naresh Kumar Chandravanshi) Judge Rukhsar