1 CGHC010173372026 2026:CGHC:32819 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 66 of 2026 Smt. Shweta Paikra W/o Vimlesh Kumar Singh Aged About 27 Years Caste- Kanwar, R/o Village- Tripureshwarpur Schoolpara (Dagmala), P.S. And Tehsil- Srinagar (Ramanujnagar), District- Surajpur (C.G.) --- Petitioner. Versus Bimlesh Kumar Singh S/o Shri Narayan Singh Majha Aged About 30 Years Caste- Kanwar, R/o Village- Bhakura, District- Surguja (C.G.) --- Respondent. With TPC No. 100 of 2026 Bimlesh Kumar Singh S/o- Shri Narayan Singh Majha, Aged About 30 Years Caste Kanwar, R/o- Village Bhakura, District- Surguja (C.G.) ---Petitioner. Versus Smt. Shweta Paikra W/o- Bimlesh Kumar Singh Aged About 27 Years Caste- Kanwar, R/o- Village - Tripureshwarpur, School Para, (Dagmala), Police Station And Tahsil-Srinagar, (Ramanujnagar) District- Surajpur (C.G.) --- Respondent. (cause title downloaded from CIS Periphery) For Petitioner in TPC No.66/2026 & for Respondent in TPC No.100/2026 (Wife) : Mr. Pavas Sharma, Advocate. For Petitioner in TPC No.100/2026 & for Respondent in TPC No.66/2026 (Husband) : Mr. J. K. Saxena, Advocate. Digitally signed by AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2026.08.01 10:49:37 +0530 2 (Hon’ble Shri Justice Naresh Kumar Chandravanshi ) Order on Board 30/07/2026 1. The parties shall be referred as Petitioner/wife and Respondent/husband for both the cases. 2. TPC No.66/2026 has been filed by the Petitioner-Wife 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 Civil Suit No.A/141/2025 (Bimlesh Kumar Singh Vs. Smt. Shweta Paikra) from the Family Court Ambikapur to the Family Court Surajpur, District Surajpur. 3. TPC No.100/2026 has been filed by the Respondent-Husband under Section 24 of the CPC seeking the transfer of the two petitions filed by the wife viz. first, application under Section 12 of the Domestic Violence Act bearing MJC Criminal Case No.161/2026 (Smt. Shweta Paikra Vs. Vimlesh Kumar Singh) pending before the Judicial Magistrate First Class, Surajpur; and second, the maintenance case under Section 144 of the BNSS bearing Criminal Case No.66/2026 (Smt. Shweta Paikra Vs. Vimlesh Kumar Singh) pending before the Family Court Surajpur. The Respondent-husband has prayed to transfer both the above cases to the competent court at Ambikapur. 4. Learned counsel for the wife submits that the marriage of the petitioner/wife was solemnized with the husband on 01.07.2021 at Village Tripureshwarpur Surajpur. However, after some time of marriage, the husband started harassing the petitioner and subjected her to physical and cruelty, due to which the petitioner was compelled to leave the matrimonial home. Thereafter, she started residing alone at Surajpur and working as Anganwadi Karykarta. She has also filed an application under Section 12 of 3 the Domestic Violence Act bearing MJC Criminal Case No.161/2026 (Smt. Shweta Paikra Vs. Vimlesh Kumar Singh) which is pending before the Judicial Magistrate First Class, Surajpur and the maintenance case under Section 144 of the BNSS bearing Criminal Case No.66/2026 (Smt. Shweta Paikra Vs. Vimlesh Kumar Singh) pending before the Family Court Surajpur. He further submits that due to the distance of approximately 70-80 kilometers from her current residence the wife is facing physical and financial hardship. 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 of the wife may be allowed and transfer petition filed by the husband may be rejected. 5. On the other hand, learned counsel for the respondent opposes the prayer made by the wife 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 father of the wife is influencing person of political party and husband is in fear that the in cases filed by the wife witnesses will be influenced by him. Hence, two cases (as above) filed by the wife may be transferred to the Ambikapur and application filed by the wife may be rejected. 6. I have heard the learned counsel for the parties and perused the material placed on record. 7. 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 4 SCC 237] has observed that the convenience of wife is to be preferred over the convenience of the husband. 8. 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.” 9. 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 two cases filed by the wife are already pending before the Courts at Surajpur, this Court is of the opinion that it would be just and proper to transfer the petition filed by the husband to the Family Court Surajpur. This will mitigate the hardship faced by the petitioner/wife and enable both parties to attend hearings in one location. 10. Consequently, in view of the settled law and the submissions made by the parties, the TPC No.66/2026 filed by the wife is allowed and TPC No.100/2026 filed by the husband is dismissed. 5 11. It is ordered that Civil Suit No. A/141/2025 (Bimlesh Kumar Singh Vs. Smt. Shweta Paikra) pending before the the Family Court Ambikapur be transferred to the Family Court Surajpur, District Surajpur, for trial and disposal in accordance with law. 12. 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. 13. 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. 14. However, the respondent/husband shall be 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. 15. Pending interim applications, if any, stand disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Ajay