1 2026:CGHC:22844 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 6 of 2026 Smt. Preeti Tandon W/o Kashiram Tandon Aged About 35 Years R/o Village- Pendri, Police Station- Sargaon, District : Mungeli, Chhattisgarh ... Petitioner versus Kashiram Tandon S/o Kirtan Tandon Aged About 37 Years R/o Village- Rasedi, Police Station- Balodabazar, District : Balodabazar-Bhathapara, Chhattisgarh ... Respondent For Petitioner : Mr. Bishnu Muni, Advocate For Respondent : Ms. Gunja Taram, Advocate (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 14.05.2026 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.181-A/2025 (Kashiram Tandon vs. Smt. Preeti Tandon) pending before Judge, Family Court, Baloda Bazar Distt. Baloda Bazar-Bhatapra 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 about 17 years ago in accordance with Hindu rites and customs and out of their wedlock they have been blessed with two children. It is submitted that elder son of the parties, presently aged about 17 years, is residing with respondent/husband and younger daughter, BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2026.05.15 12:34:45 +0530 2 presently aged about 4 years, is residing with the petitioner/wife. It is submitted that that a few years into the marriage, the relationship between the parties became strained and the petitioner was compelled to leave her matrimonial house and presently she is residing in her parental home along with her minor daughter. Learned counsel further submits that the petitioner has filed application for maintenance bearing No.254/2025 against the husband, which is pending consideration before Family Court, Mungeli. Despite issuance of notice in the aforesaid case, the respondent is not appearing before the Court. Learned counsel further submits that distance between Baloda Bazar and Mungeli is 120 km and since the petitioner is residing with her minor daughter in village Pendri, Distt. Mungeli, it would be difficult for her to travel such distance to attend the Court proceedings at Baloda Bazar, as there is no direct bus connectivity between these places. He further submits that it is settled law that the convenience of wife is to be preferred over the convenience of the husband. Hence, if the divorce petition bearing Civil Suit No.181-A/2025 (Kashiram Tandon vs. Smt. Preeti Tandon) pending before Judge, Family Court, Baloda Bazar is transferred to Family Court, Mungeli, Distt. 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.181-A/2025 (Kashiram Tandon vs. Smt. Preeti Tandon) pending before Judge, Family Court, Baloda Bazar be transferred to Family Court, Mungeli, Distt. Mungeli (CG). 3. Per contra, learned counsel for the respondent opposes the transfer petition and submits that the distance between Baloda Bazar and Village Pendri, where the petitioner is residing, is only 60 km and the petitioner can very well travel such short distance to attend the Court proceedings at Baloda Bazar. She further submits that the respondent/husband is ready to pay the conveyance expenses of the petitioner/wife. Hence, the transfer petition may be rejected. 3 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:- "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, one maintenance case bearing No.254/2025 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.181-A/2025 (Kashiram Tandon vs. Smt. Preeti Tandon) pending before Judge, Family Court, Baloda Bazar is transferred to Family Court, Mungeli, Distt. 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 4 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.181-A/2025 (Kashiram Tandon vs. Smt. Preeti Tandon) pending before Judge, Family Court, Baloda Bazar, Distt. Baloda Bazar-Bhatapara, be transferred to Family Court, Mungeli, Distt. Mungeli (CG), for its trial/ disposal in accordance with law. The Judge, Family Court, Baloda Bazar 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