1 CGHC010235282026 2026:CGHC:31404 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 91 of 2026 1 - Smt. Reema Gendre W/o Shri Devendra Kumar Gendre Aged About 26 Years R/o Village Khapri (Pharhada) P/s Arang District Raipur (C.G.), Chhattisgarh 2 - Ku. Apurva D/o Shri Devendra Kumar Gendre Aged About 2 Years Through Natural Guardian Mother Smt. Reema Gendre, R/o Village Khapri (Pharhada) P/s Arang District Raipur (C.G.) ... Applicants. versus Devendra Kumar Gendre S/o Shri Arun Kumar Gendre Aged About 31 Years R/o Village Dhaba P/s Kumhari Distt. Durg (C.G.) ... Respondent. For Applicants : Mr. Ajay Kumar Mishra, Advocate. For Respondent : Mr. Shivam Agrawal, Advocate. (Hon’ble Shri Justice Naresh Kumar Chandravanshi ) Order on Board 23/07/2026 1. The petitioner/wife has preferred this transfer petition under Section 24 of the Code of Civil Procedure, 1908 (henceforth 'CPC') seeking the transfer of the divorce petition filed by the respondent/husband, bearing Case Digitally signed by AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2026.07.23 15:23:02 +0530 2 No.462/2025 (Devendra Kumar Gendre Vs. Smt. Reema Gendre) from the Family Court, Durg, District Durg to the Family Court Raipur, District Raipur. 2. Learned counsel for the petitioner submits that the marriage of the petitioner/wife was solemnized with the respondent/husband on 12.04.2023 and out of said wedlock they blessed with daughter on 02.04.2024. However, after some time of marriage, the respondent started harassing the petitioner subjected her to physical and mental cruelty, due to which the petitioner was compelled to leave the matrimonial home. Thereafter, she started residing at her parental house with her 2 year-old daughter at Raipur. She has also filed application under Section 144 BNSS bearing MCC No.467/2026 which is pending consideration before the Family Court Raipur. He further submits that the petitioner has no independent source of income and is unable to travel to the Family Court Durg for every hearing in divorce petition filed by the husband, due to the distance of approximately 100 kilometers to and fro. He also contends that it is a well-settled position of law that the convenience of the wife must be kept paramount while considering a transfer petition. Therefore, it is prayed that the transfer petition may be allowed. 3. On the other hand, learned counsel for the respondent opposes the prayer made by the petitioner and submits that there is direct bus and train connectivity between the two places, and the distance is not too far. He also submits that the wife is residing separately without any rhyme or reason. Moreover, he has received Rs.4000/- for litigation in divorce petition and Rs.500/- for per hearing towards travel/other expenses. Hence, transfer petition may be rejected. 4. I have heard the learned counsel for the parties and perused the material placed on record. 3 5. 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. 6. 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.” 7. Taking into consideration the facts and circumstances of the case, the well- settled legal position that the convenience of the wife is paramount in matrimonial disputes, and the fact that maintenance cases filed by the petitioner is already pending before the Family Court at Raipur, this Court is of the opinion that it would be just and proper to transfer the proceedings to the Family Court Raipur. This will mitigate the hardship faced by the 4 petitioner/wife with her 2 year old daugther and enable both parties to attend hearings in one location. 8. Consequently, in view of the settled law and the submissions made by the applicant, the transfer petition is allowed. It is ordered that Case No.462/2025 (Devendra Kumar Gendre Vs. Smt. Reema Gendre) be transferred from the Family Court, Durg, District Durg to the Family Court Raipur, District Raipur, for trial and disposal in accordance with law. 9. The transferor Court is directed to transmit the record of the case to the transferee Court within a period of 15 days from the date of receipt or communication of this order. 10. Further, the transferee Family Court is directed to expedite the trial and conclude the proceedings expeditiously, preferably within a period of 4 months from the date of receipt of the record. The parties are directed to cooperate with the Family Court for an early and efficacious disposal of the case. 11. However, the respondent/husband shall be at liberty to join the proceedings before the Family Court through video conferencing on dates when his personal appearance is not explicitly required by the court. 12. Pending interim applications, if any, stand disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Ajay