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2026 DAILYLAW 1115 (CHH)

SAKSHI CHANDRA v. HEMANT KUMAR CHANDRA

TPC/31/2025 · 2026-01-06

Shri Deepak Kumar Tiwari

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:851 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 31 of 2025 1 - Sakshi Chandra W/o Hemant Kumar Chandra Aged About 25 Years Occupation House Wife, R/o Quarter No. 102, Prachi Vihar Colony, Near T.V. Tower, Raigarh, District Raigarh (C.G.) (Non Applicant) ... Petitioner(s) versus 1 - Hemant Kumar Chandra S/o Shri Malik Ram Chandra Aged About 31 Years Occupation Assistant Loco Pilot, R/o Village Ulkhar, Police Station And Tahsil Sarangarh, District Sarangarh-Bilaigarh (C.G.) (Applicant) ... Respondent(s) For Petitioner : Mr. Prabhat Kumar Saxena, Advocate For Respondent : None though served Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 07/01/2026 1. This petition has been filed under Section 24 of the Civil Procedure Code, 1908 by the petitioner/wife seeking transfer of Civil Suit No.A/41/2024 from Additional District Judge, Sarangarh, District Sarangarh-Bilaigarh to the Additional District Judge, Raigarh, District Raigarh. PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2026.01.07 13:51:14 +0530 2 2. The marriage between the parties was solemnized on 10.04.2022. After some time, the dispute arose between the parties. The respondent/husband has filed an application against the petitioner under Section 13 (1)(A) of the Hindu Marriage Act before the Additional District Judge, Sarangarh for grant of decree of divorce. 3. Learned counsel for the petitioner submits that the wife is facing difficulties to travel for appearance before the Additional District Judge, Sarangarh due to long distance. Therefore, he prays to transfer the said case for the convenience of the wife to participate in the proceedings. 4. Heard learned counsel for the petitioner and also perused the documents annexed with the petition carefully. 5. In the matter of N.C.V. Aishwarya Vs. A.S. Saravana Karthik (2022 SCC Online SC 1199) the Hon’ble Supreme Court has observed that generally it is wife’s convenience which must be looked at while considering transfer. The relevant portion of the aforesaid judgment is reproduced hereunder:- "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. 3 10.Further, when two or more proceedings are pending in different Courts between the same parties which raise common question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions.” 6. Having regard to the submissions of learned counsel for the petitioner and in view of the aforesaid principles, this Court is inclined to allow the prayer made by the petitioner. 7. Consequently, the Transfer Petition is allowed and it is ordered that Civil Suit No.A/41/2024 pending before the Additional District Judge, Sarangarh, District Sarangarh-Bilaigarh be transferred to the Additional District Judge, Raigarh, District Raigarh for its trial/disposal in accordance with law. 8. Further, the respondent/husband would be at liberty to participate in the proceedings through video conferencing/virtually unless otherwise directed by the concerned Court. 9. Both the parties are directed to remain present before the Additional District Judge, Raigarh, District Raigarh on 24.03.2026. Sd/- (Deepak Kumar Tiwari) Judge Priyanka