1 2026:CGHC:6233 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 188 of 2025 Smt. Sitam Dewangan W/o Shri Ankit Dewangan, Aged About 32 Years At Present R/o Bhatagaon Awadhpuri Colony, Teh. And Dist. Raipur (C.G.) ... Petitioner versus Ankit Dewangan S/o Shri Dharendra Dewangan, Aged About 34 Years R/o House No. K-15, Anya Vidya Bhumi, Bhataguda Road, Dharampura 01 Jagdalpur, P.S. Kotwali, District Bastar (C.G.) ... Respondent (Cause-tile taken from the Case Information System) For Petitioner : Mr. Shalvin Sharma, Advocate on behalf of Mr. Devershi Thakur, Advocate. For Respondent : None. Hon’ble Shri Bibhu Datta Guru, Judge Judgment on Board 04/02/2026 1. By this petition, the petitioner is seeking the transfer of Civil Case No.72A of 2025, filed under Section 9 of the Hindu Marriage Act, 1955 pending before the learned Family Judge, Bastar at Jagdalpur, C.G. to the learned Family Court Raipur, C.G. 2. Learned counsel for the petitioner submits that the marriage between the parties was solemnized on 28.06.2021 at Jagdalpur in accordance with Hindu customs and rites. Out of the said wedlock, one daughter and one son were born, presently aged about 3 years AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2026.02.05 14:46:52 +0530 2 and 11 months respectively. After the birth of the second child, the petitioner started residing at her parental home at Raipur along with her children. He further submits that the petitioner is a lady aged about 32 years residing in Raipur with her two children and she faces difficulties to attend the proceedings at Family Judge Bastar at Jagdalpur, which is 300 km away from Raipur on the scheduled dates of hearing. Such travel imposes severe hardship upon the petitioner, therefore, the petition filed by the petitioner may be allowed. 3. As per the office report, notice issued by this Court on 26/11/2025 has been served upon the respondent, but no one is appearing on behalf of the respondent. 4. I have heard learned counsel for the parties, perused the pleadings and documents appended thereto. 5. In the matter of N.C.V. Aishwarya Vs. A.S. Saravana Karthik (2022 SCC Online SC 1199) the Hon’ble Supreme Court has observed that generally it is wife’s convenience which must be looked at while considering transfer. The relevant portion of the aforesaid judgment is reproduced hereunder:- "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 3 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. 10.Further, when two or more proceedings are pending in different Courts between the same parties which raise common question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions.” 6. Having regard to the submissions of learned counsel for the petitioner and in view of the aforesaid principles, this Court is inclined to allow the prayer made by the petitioner. 7. Consequently, the Transfer Petition is allowed and it is ordered that Civil Case No. 72A of 2025 which is pending before the Court of learned Family Judge Bastar at Jagdalpur, C.G. be transferred to the learned Family Court Raipur, C.G. for its trial/disposal in accordance with law. 8. Further, the respondent/husband would be at liberty to participate in the proceedings through video conferencing/virtually unless otherwise directed by the concerned Court. 9. Both the parties are directed to remain present before the Court of learned Family Court, Raipur, C.G. on 09.03.2026. SD/- (Bibhu Datta Guru) Judge Amardeep