1 CGHC010163622026 2026:CGHC:29697 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 72 of 2026 Smt. Virangana Somawar W/o- Shri Bijendra Naidu Aged About 32 Years R/o- Geetanjali Vihar, Nehra Nagar Tehsil And District -Bilaspur (C.G.) ... Petitioner versus Bijendra Naidu S/o- Krishna Swami Naidu Aged About 32 Years R/o- Ward No. 08, Kabir Gali Purani Basti Kharsia- Tehsil Kharsia, District- Raigarh (C.G.) ... Respondent For Petitioner : Mr. Rishabh Gupta, Advocate. For Respondent : None as he refused to accept notice. Hon’ble Shri Justice Naresh Kumar Chandravanshi, J Order on Board (14th July, 2026) This petition has been preferred under Section 24 of the Code of Civil Procedure for transfer of the Civil Suit No.F-249A/2025, instituted upon an application u/s 9 of Hindu Marriage Act being filed by the respondent/husband, pending before the Family Court, Raigarh to Family Court, Bilaspur. 2 02. Facts of the case, in brief, are that marriage of the petitioner was solemnized with the respondent on 15.2.2025 and they have been blessed with a girl child. Since harassment was meted out to the petitioner by the respondent/husband, she was compelled to live apart and therefore, she along with her newly born child, presently aged about 6 months, is residing at her parental house at Bilaspur. The respondent/husband filed an application u/s 9 of Hindu Marriage Act before the learned Family Court, Raigarh for restitution of conjugal rights, which gives rise to filing of the instant transfer petition. 03. Learned counsel for the petitioner would submit that distance from Raigarh to Bilaspur is around 175 km. Therefore, it would be difficult for the petitioner to travel such a long distance of 175 km along with her infant daughter of six months. He further submits that the petitioner is having no independent source of income and she is totally dependent upon her parents. He submits that transferring the case from Raigarh to Bilaspur would enable her to attend the court proceedings effectively without jeopardizing her health or that of her child. It is further submitted that it is well settled law that convenience of the wife must be looked into while considering a transfer petition. Therefore, it is prayed that the transfer petition may be allowed. 04. None for the respondent. As per service report, the respondent refused to receive the notice. 05. Heard learned counsel for the petitioner and perused the 3 material available on record. 06. 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." 07. 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. 4 08. In view of the settled legal principles that in transfer of matrimonial cases, the wife's convenience must be looked into, considering the fact situation of the present case where distance between the place of residence of the petitioner to Raigarh is around 175 km i.e.350 km to and fro, she has the responsibility of her infant daughter, aged about six months, this Court is inclined to allow the prayer of the petitioner for transfer of the petition for restitution of conjugal rights filed by the respondent to Family Court, Bilaspur. 09. Accordingly, the instant transfer petition is allowed. It is ordered that case bearing Civil Suit No.F-249-A/2025 pending before the learned Family Court, Raigarh be transferred to the learned Family Court, Bilaspur for its trial/disposal in accordance with law. 10. The concerned Court is directed to transmit the record of the aforesaid case to the transferee Court within a period of 15 days from the date of receipt or communication of this order. 11. Further, the transferee Family Court is directed to expedite the trial and conclude the same expeditiously, preferably within a period of 4 months from the date of receipt of the original record. The parties are also directed to cooperate with the Family Court for the early disposal of the case. 12. However, the respondent/husband is at liberty to join the proceedings before the concerned Family Court through Video 5 Conferencing on dates when his personal appearance is not explicitly required by the Court. 13. Pending interim application, if any, stands disposed of. Sd/ (Naresh Kumar Chandravanshi) Judge Khan MOHD AKHTAR KHAN Digitally signed by MOHD AKHTAR KHAN Date: 2026.07.15 10:54:56 +0530