1 2026:CGHC:2717 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 191 of 2025 Smt. Sharda Rathor W/o Sanjay Kumar Rathor, D/o Shri Purushottam Dewangan, Aged About 33 Years R/o Present Address C/o Purushottam Dewangan, Near Bhola Kiran Store, Ward No. 05, Shitla Nagar, Near Santoshi Mandir, Durg Tah. And Distt. Durg (C.G.) ... Petitioner versus Sanjay Kumar Rathor S/o Shri Kashiram Rathor, Aged About 43 Years R/o Near Bus Stand, Udaypur P.S. And Tah. Udaypur, District Surguja (C.G.) Present Address- Konark Residency, M.G. Road Ambikapur, P.S. Gandhinagar, Tahsil Ambikapur, District Surguja (C.G.) ... Respondent (Cause-tile taken from the Case Information System) For Petitioner : Mr. Kanhaiya Ram Yadav, Advocate on behalf of Mr. Tarun Dansena, Advocate. For Respondent : Mr. Aman Pandey, Advocate Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 16/01/2026 1. By this petition, the petitioner is seeking transfer the Civil Suit No.A/201/2025(Sanjay Kumar Rathore Vs. Smt. Sharda Rathore), filed under Section 22 of the Special Marriage Act, 1954 pending before the learned Judge, Family Court, Surguja, Ambikapur, C.G. to the Court of learned Principal Judge, Family Court, Durg, District Durg, C.G. AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2026.01.19 10:42:22 +0530 2 2. Learned counsel for the petitioner submits that the the petitioner and the respondent were married on 14.11.2019 under the Special Marriage Act, 1954, before the Additional Collector and Marriage Officer, District Durg, Chhattisgarh. After the marriage, the petitioner lived with the respondent as his legally wedded wife. However, within a week of the marriage, the respondent started harassing, torturing, and insulting the petitioner through his conduct and behavior. It is alleged that the respondent developed illicit physical relations with other women, which caused mental cruelty to the petitioner. The petitioner was also subjected to cruelty by the respondent and his family members. When the petitioner fell ill, the respondent left her at her parental house and did not take her back. Learned counsel submits that the petitioner has thereafter filed an application seeking a decree of divorce under the Hindu Marriage Act, 1955, on the grounds of cruelty and desertion, before the learned Principal Judge, Family Court, Durg, District Durg (C.G.), which is pending as Civil Suit No. 980/2025. As a counter blast, the respondent has filed petition under Section 22 of the Special Marriage Act at Family Court, Surguja Ambikapur. Learned counsel further submits that the petitioner is a lady aged about 33 years, presently residing at her parental house in Durg, and having no independent source of income, due to which she is facing serious difficulty in travelling and attending the proceedings before the Family Court at Ambikapur, which is at a distance of 400 Kms. 3. Learned counsel for the respondent opposes the prayer made in the petition. 3 4. I have heard learned counsel for the parties, perused the pleadings and documents appended thereto. 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. 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 4 Civil Suit No. A/201/2025 pending before the learned Family Court, Ambikapur, District Surguja, C.G. be transferred to the Court of learned Principal Judge, Family Court, Durg, C.G. 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 Court of learned Principal Judge, Family Court, Durg on 18.03.2026. SD/- (Bibhu Datta Guru) Judge Amardeep