1 2026:CGHC:5435 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 193 of 2025 Smt. Jyoti Shrivas W/o Vivek Kumar Shrivas Aged About 32 Years R/o C/o Ansuiya Sen, W/o Tensingh Sen, Lig 308, Housing Board Colony, Phase 2, Sejbahar, Raipur, Chhattisgarh. ... Petitioner versus Vivek Kumar Shrivas S/o Late Suresh Kumar Shrivas Aged About 37 Years Occupation Lab Technician (Government), R/o Ward No. 1, Nakapara, Dongargarh, Distt. Rajnandgaon, Chhattisgarh. ... Respondent (Cause-tile taken from the Case Information System) For Petitioner : Mr. Akash Kumar Kundu, Advocate. For Respondent : Mr. Aditya Shrivastava, Advocate Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 31/01/2026 1. By this petition, the petitioner is seeking the transfer of Civil Suit A- HMA/24/2025 filed under Section 9 of the Hindu Marriage Act, pending before the learned District and Sessions Judge, Dongargarh, Rajnandgaon, C.G to the Principal Judge, Family Court, Raipur, C.G. 2. Learned counsel for the petitioner submits that the marriage between the petitioner and respondent were solemnized on 04.12.2017 under Hindu customs and one daughter was born out of AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2026.01.31 16:19:03 +0530 2 their wedlock. Soon after the marriage, the petitioner was subjected to cruelty of various kinds at the hands of the respondent, including physical and verbal abuse, particularly under the influence of alcohol. Owing to such conduct, the petitioner was constrained on several occasions to take shelter at her parental home at Raipur. Learned counsel submits that the petitioner, along with her minor daughter, has filed an application under Section 125 of the Bharatiya Nagarik Suraksha Sanhita, 2023, before the learned Family Court at Raipur, seeking maintenance. It is further submitted that it is extremely difficult for the petitioner to attend the proceedings at Dongargarh, District Rajnandgaon, Chhattisgarh, as she is required to travel from Raipur along with her six-year-old daughter, covering a distance of more than 109 kilometers, thereby subjecting them to undue hardship, health risks, and financial expenditure, therefore, the petition filed by the petitioner may be allowed. 3. Learned counsel for the respondent opposes the prayer made in the petition. 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 3 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 Civil Suit A-HMA/24/2025 which is pending before the learned District and Sessions Judge, Dongargarh, Rajnandgaon, C.G. be transferred to the learned Principal Judge, Family Court Raipur, 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. 4 9. Both the parties are directed to remain present before the Court of learned Principal Judge, Family Court, Raipur, C.G. on 27.02.2026. SD/- (Bibhu Datta Guru) Judge Amardeep