1 2026:CGHC:22601 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 17 of 2026 Smt. Sakshi Singh Rajput W/o Ashish Singh Rajput Aged About 32 Years R/o Present Address Village Jhaliapur, Post Bhalapur, Tehsil And District Mungeli, C.G. ... Petitioner versus Ashish Singh Rajput S/o Shri Vishnu Singh Rajput Aged About 33 Years R/o Rewadih Near Up-Swasthya Kendra, Tehsil And District Rajnandgaon, C.G. ... Respondent For Petitioner : Ms. Aditi Diwan, Advocate For Respondent : Mr. Ravi Bhagat, Advoate (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 13.05.2026 1. Petitioner/wife has preferred this transfer petition under Section 24 of the Civil Procedure Code, 1908 (henceforth 'CPC') for transfer of Civil Suit No.15-A/2025 (Ashish Singh Rajput vs. Sakshi Singh Rajput) pending before Judge, Family Court, Rajnandgaon to Family Court, Mungeli, Distt. Mungeli (CG). 2. Learned counsel appearing for the petitioner/wife submits that marriage of petitioner/wife was solemnized with the respondent/husband on 30.01.2013 in accordance with Hindu rites and customs and out of their wedlock they have been blessed with two daughters, presently aged about 12 years and 05 years respectively. Within few years of their marriage, their relationship turned sour and in the year 2021, the petitioner was compelled to leave her matrimonial house and BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2026.05.14 10:28:05 +0530 2 presently she is residing in her parental home along with two minor children. Due to harassment of the respondent/husband, the petitioner/wife filed application under Section 23 of the Protection of Women from Domestic Violence Act, 2005 before Judicial Magistrate First Class, Mungeli, bearing MJC No.132/2022. She would further submits that distance between Mungeli and Rajnandgaon is 130 Km and since the petitioner is residing with her minor children, it would be difficult for her to travel such distance to attend the Court proceedings at Rajnandgaon. Hence, if the divorce petition bearing Civil Suit No.15-A/2025 (Ashish Singh Rajput vs. Sakshi Singh Rajput) filed by the respondent, pending before Judge, Family Court, Rajnandgaon is transferred to Family Court, Mungeli (CG), it would be convenient not only for the petitioner/wife, but also to the respondent/husband, as he can appear in both the cases in the Court of Mungeli. Hence, it is prayed that present transfer petition may be allowed and Civil Suit No.15-A/2025 (Ashish Singh Rajput vs. Sakshi Singh Rajput) pending before Judge, Family Court, Rajnandgaon (CG) be transferred from Family Court, Rajnandgaon to Family Court Mungeli. 3. Per contra, learned counsel for the respondent opposes the transfer petition and submits that though the distance between Rajnandgaon and Mungeli is 130 Km, but there is frequent bus connectivity between these two places and moreover, the petitioner/wife is working asa teacher in Disha College, Kawardha, then it would not be difficult for her to attend the court proceedings at Rajnandgaon. He further submits that respondent/husband is taking care of his old age ailing parents at Rajnandgaon, hence, it would be difficult for him to travel from Rajnandgaon to Mungeli to attend the Court proceedings. Hence, the transfer petition may be rejected. 4. I have heard learned counsel for the parties and perused the material placed on record. 5. In the matter of N.C.V. Aishwarya Vs. A.S. Saravana Karthik (2022 SCC Online SC 1199), their Lordships of the Supreme Court has held as under:- 3 "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.” 6. Hon'ble Supreme Court in the case of Sumita Singh -v- Kumar Sanjay and another [(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 case of Rajani Kishor Pardeshi -v- Kishore Babulal Pardeshi [(2005) 12 SCC 237] has observed that the convenience of wife is to be preferred over the convenience of the husband. 7. As per the petitioner, MJC No.132/2022 is already pending against the respondent/husband before Family Court, Mungeli and he has to attend that proceeding, hence, it would be convenient for the respondent/husband also if the divorce case bearing Civil Suit No.15A/2025 is transferred from Judge, Family Court, Rajnandgon (CG) to Family Court, Mungeli (CG). 8. Considering the fact situation of the case and also 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. 9. Accordingly, the instant transfer petition is allowed. It is ordered that Civil Suit No.15-A/2025 (Ashish Singh Rajput vs. Sakshi Singh Rajput) pending before Judge, Family Court, Rajnandgaon be transferred to Family Court, Mungeli, Distt. 4 Mungeli (CG) for its trial/ disposal in accordance with law. The Judge, Family Court, Rajnandgaon (CG) is directed to transmit the record of the above case to the Family Court, Mungeli, within a period of 15 days. 10. Further, the Family Court, Mungeli is directed to expedite the trial and conclude the same expeditiously, preferably within a period of four months from the date of receipt of the record from transferring Court. The parties are also directed to cooperate with the concerned Family Court for early disposal of the case. 11. In view of above order, pending interim application, if any, stands disposed of. No order as to costs. Sd/- (Naresh Kumar Chandravanshi) Judge Bini