1 CGHC010129902026 2026:CGHC:29696 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 58 of 2026 Smt. Motim Patel D/o. Shri Terasram Patel Aged About 30 Years W/o. Dhaneshwar Patel, Caste- Aghariya, R/o.- Village- Piparda, P/o. Pucheli, Tahsil Champa, And District- Janjgir-Champa (C.G.) ... Petitioner versus Dhaneshwar Patel S/o. Shri Omprakash Patel Aged About 30 Years Occupation Laborer, Caste Aghariya, R/o. Village Botalda, Tahsil And Post Kharsiya, District- Raigarh (C.G.) ... Respondent For Petitioner : Mr. Abhishek Saraf, Advocate. For Respondent : Mr. S.A. Ansari, Advocate. 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 divorce petition bearing Civil Suit No.F- 238-A/2025 from the Family Court, Raigarh to Family Court, Janjgir- 2 Champa. 02. Facts of the case, in brief, are that marriage of the petitioner was solemnized with the respondent on 27.4.2015 and they have been blessed with a son. Since harassment was meted out to the petitioner by the respondent/husband, she was compelled to live apart and therefore, she along with her minor son, aged about 10 years, is residing at her parental house at Village-Piparda, Distt. Janjgir- Champa. The respondent/husband filed a divorce petition bearing Civil Suit No.F-238-A/2025 before the learned Family Court, Raigarh, which gives rise to filing of the instant transfer petition. 03. Learned counsel for the petitioner would submit that distance from Village-Piparda to Janjgir-Champa is around 20 km and distance between Janjgir-Champa and Raigarh is about 99 km. Therefore, it would be difficult for the petitioner to travel such a long distance of 119 km along with her minor son. He further submits that vide order dated 3.8.2025 passed by the learned Additional Principal Judge, Family Court, Janjgir-Champa, maintenance amount has been granted to the petitioner and her son, so she goes to the Court at Janjgir-Champa to collect the maintenance amount every month. It is further submitted that it is well settled law that convenience of the wife must be looked into while considering a transfer petition. Hence, he prays that the divorce petition filed by the respondent/husband may be transferred from Family Court, Raigarh to Family Court, Janjgir-Champa. 3 04. Learned counsel for the respondent has no objection to aforesaid prayer of the petitioner. 05. Heard learned counsel for the parties and perused the 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. 4 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. 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 119 km i.e. 238 km to and fro, she has the responsibility of a minor son, aged about 10 years, she already goes to the Janjgir-Champa for receiving the maintenance amount, this Court is inclined to allow the prayer of the petitioner for transfer of the divorce case filed by the respondent to Family Court, Janjgir-Champa. 09. Accordingly, the instant transfer petition is allowed. It is ordered that case bearing Civil Suit No.F-238-A/2025 pending before the learned Family Court, Raigarh be transferred to the learned Family Court, Janjgir-Champa 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 5 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 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 10:54:32 +0530