1 2026:CGHC:533 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 169 of 2024 1 - Nusrat Parveen W/o Mohammad Jafar Amin, D/o Mohammad Niaz Aged About 25 Years R/o Tikrapara, Near Nehru School, Dhamtari, Police Station - Dhamtari, District : Dhamtari, Chhattisgarh ... Petitioner(s) versus 1 - Mohammad Jafar Amin S/o Anwar Aged About 30 Years R/o Taiba Chowk, Talapara, Police Station - Civil Lines, Tehsil And District - Bilaspur, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Prakhar Dashore, Advocate appears on behalf of Mr. R.S. Patel, Advocate For Respondent(s) : Mr. A.A. Laxmidhar, Advocate Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 06/01/2026 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.18A/2024 from the Principal Judge, Family Court, Bilaspur to the Family Court, Dhamtari. PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2026.01.06 15:07:40 +0530 2 2. Learned counsel for the petitioner submits that the wife is facing difficulties to travel for appearance before the Family Court, Bilaspur. He would further submit that two cases i.e. MJC No.112/2024 pending before the Family Court, Dhamtari and Criminal Case No.1775/2021 pending before the Chief Judicial Magistrate, Dhamtari, are already pending for consideration. Therefore, he prays for transfer of the said case, for convenience of the wife, to enable her to participate in the proceedings. 3. Learned counsel for the respondent would oppose the aforesaid prayer. 4. Heard learned counsel for the parties 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 parties 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.18A/2024 pending before the Principal Judge, Family Court, Bilaspur be transferred to the Family Court, Dhamtari 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 Family Court, Dhamtari on 12.03.2026. Sd/- (Deepak Kumar Tiwari) Judge Priyanka