1 CGHC010270072026 2026:CGHC:36346 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 114 of 2026 Smt. Navneet Kaur Chabda W/o Shri Shamsher Singh @ Shammi Chabda Aged About 46 Years R/o Main Road Behind Chawla Cycle Stores Ward No. 26 Kawardha Tehsil And Distt. Kawardha, Chhattisgarh --- Applicant versus Shamsher Singh @ Shammi Chabda S/o Late Jogender Singh Aged About 52 Years R/o Padampur Road, Basna P.S. Basna, Distt. Mahasamund, Chhattisgarh --- Non-applicant For applicant : Mr. Sudhanshu Upadhyay, Adv. For Respondent : Mr. Deepak Diwakar, Adv. (Hon’ble Mr. Naresh Kumar Chandravanshi, J) Order on Board 14-8-2026 1 Applicant/wife has preferred this TPC under Section 24 of the Civil Procedure Code (in short 'CPC') for transfer of Civil Suit No. 13A/2026 pending before the Judge, Family Court, Mahasamund Link Court Saraipali (CG) to the Court of Principal Judge, Family Court, Kabeerdham, Distt. Kabeerdham (CG). 2 Learned counsel for the applicant/wife submits that marriage of applicant/wife and non-applicant/husband was solemnized on 22-2-2002. After marriage, the in-laws of the applicant started 2 harassing her for demand of dowry but she ignored. From the year 2023 she is residing at her paternal house with her two children along with her parents. She has filed a maintenance case under Section 125 of the Cr.P.C. against the husband bearing MJC No. 66/2024, which is pending consideration before the Family Court, Kabeerdham, in which he has entered appearance. Another case bearing Criminal Case No. 17/2024 under the Domestic Violence Act filed by the applicant is also pending consideration against the non-applicant/husband before the Judicial Magistrate First Class, Kabeerdham. In that case also, he is appearing. Hence, learned counsel prays that, if the divorce petition filed by the non-applicant/husband is transferred from Mahasamund to Kabeerdham, it would be convenient for the non-applicant also as he can attend hearing of both the cases there. He further submits that, their two children are residing with her. Her parents are old aged persons. Distance between Mahasamund to Kabeerdham is about 334 km to and fro and it would be difficult for her to travel from Kabeerdham to Mahasamund to attend court proceeding. Hence, it is prayed that this TPC may be allowed. 3 Non-applicant/husband has filed reply. Referring to his reply, learned counsel for the non-applicant/ husband submits that the non-applicant is suffering from knee related medical problem for last about five years. Treating doctor has advised him to undergo 3 knee surgery. Hence, it would be difficult for him to travel from Mahasamund to Kabeerdham to attend the court proceedings. Hence, the instant TPC may be rejected. 4 Heard learned counsel for the parties and perused the material available in the transfer petition and the relevant provisions. 5 The applicant is residing at Kabeerdham with their two children along with old aged parents at her paternal house. It is stated that, distance between Kabeerdham to Mahasamund is about 334 km to and fro, therefore, being a lady, it would be difficult for the applicant to travel such a long distance to attend court proceedings at Mahasamund. One maintenance case bearing MJC No. 66/2024 and one case under the provisions of Domestic Violence Act bearing Criminal Case No. 17/2024 filed by the applicant are also pending consideration at Kabeerdham, in which the non-applicant has entered appearance, therefore, non-applicant has to go to Kabeerdham to attend court proceeding. In that view of the matter, if civil suit is transferred from Mahasamund to Kabeerdham, then it would be convenient for non-applicant also as he may attend hearing in all cases there. 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:- 4 "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 Hon'ble Supreme Court in the matter of Sumita Singh Versus Kumar Sanjay and another reported in 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 matter of Rajani Kishor Pardeshi Versus Kishore Babulal Pardeshi reported in (2005) 12 SCC 237 has observed that the convenience of wife is to be preferred over the convenience of the husband. 8 Considering the aforesaid facts of the case and considering the aforecited case laws, wherein it has been observed that, in transfer of matrimonial cases, the wife's convenience must be looked into, in the considered opinion of this Court, it is a fit case for transfer of the civil suit, as prayed for. 5 9 Consequently, the instant transfer petition is allowed. It is ordered that the Civil Suit No. 13-A/2026 (Shamsher Singh alias Shammi Chhabda Vs. Navneet Kaur) pending before the Family Court, Mahasamund, Link Court Saraipali (CG) be transferred to Family Court, Kabeerdham (CG) for its trial/disposal in accordance with law. 10 The Family Court, Mahasamund is directed to transmit the record of the aforesaid case to the Family Court, Kabeerdham (C.G.) within a period of 15 days from the date of receipt/submission of copy of this order. It is further observed that after receiving the case on transfer, the transferee Court shall consider and decide the case as early as possible, preferably within a further period of four months from the date of receipt of the record from the transferor Court. 11 In view of above order, pending interim application(s), if any, stands disposed of. No order as to costs. Sd/- (Naresh Kumar Chandravanshi) Judge Pathak AVANISH KUMAR PATHAK Digitally signed by AVANISH KUMAR PATHAK Date: 2026.08.19 11:16:46 +0530