1 CGHC010200052026 2026:CGHC:36206 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 96 of 2026 Smt. Niharika @ Khushbu Lehre D/o Shri Bharat Lal Lehre Aged About 22 Years Caste Suryavanshi R/o Village Dhabadih Ward No. 2 Gudi Chowk Thana Pamgarh District Janjgir Champa C.G. ... Petitioner versus Harsh Tondon S/o Hulas Kumar Tondon Aged About 29 Years Caste Suryavanshi R/o Behtarai Road Gitanjali City Phase -1 House No. D- /14, Gali No. 1 Thana Sarkanda District Bilaspur C.G. ... Respondent For Petitioner : Mr. Shubham Tripathi, Advocate. For Respondent : Mr. P.M. Shriwas, Advocate {Hon’ble Mr. Justice Naresh Kumar Chandravanshi} Order on Board 14/08/2026 Heard. 1. Petitioner/ wife has preferred this transfer petition under Section 24 of the Civil Procedure Code, 1908 (henceforth 'CPC') for transfer of Civil Suit No. 740-A/2025 (Harsh Tandon Vs. Smt. Niharika @ Khushbu Lehre) pending before Principal Judge, Family Court, Bilaspur to Principal Judge, Family Court, Janjgir, District Janjgir-Champa (C.G.). 2 2. Learned counsel appearing for the petitioner/wife submits that marriage of petitioner/wife was solemnized with the respondent/husband on 14.04.2025 as per Hindu rites and customs. After some time of marriage, the relationship between the husband and wife turned sour; consequently, the petitioner/wife returned to her parental home and wishes to separate from the respondent/husband since long. Thereafter, the respondent/ husband has filed an application under Section 10 of the Hindu Marriage Act, 1955 for judicial separation from the petitioner /wife before Principal Judge, Family Court, Bilaspur (C.G.). He further submits that the petitioner/ wife has also filed an application under Section 144 of the B.N.S.S. for grant of maintenance before the Family Court, Janjgir, District Janjgir-Champa bearing case No. 18/2026 against the respondent/husband, in which, notice has been served upon the respondent/husband but, he did not enter his appearance in the said maintenance case. It is submitted that distance between Bilaspurt to Janjgir-Champa is 120 kms. to and fro , therefore, it would be difficult for the petitioner/wife to go to Bilaspur to attend hearing of aforesaid case filed by the respondent / husband, rather since one maintenance case is already pending against the respondent/ husband in Family Court, Janjgir-Champa, therefore, it would not be difficult for him to come to attend the case at Janjgir-Champa, if Civil Suit No. 740-A/2025 is transferred from the court of Principal Judge, Family Court, Bilaspur to the court of Principal Judge, Family Court, Janjgir-District Janjgir-Champa. 3. Counsel for the respondent/husband while opposing the transfer petitioner would submit that though distance between aforesaid two places is 120 kms. to and fro, but there is direct bus connectivity between Bilaspur to Janjgir-Champa. He further submits that petitioner is residing at village 3 Dhabadih, Thana Pamgarh, District Janjgir-Champa and distance from village Dhabadih to Jangir-Champa and Bilaspur is equal, hence, it would not be difficult for her to attend the civil suit filed by respondent/husband against her at Family Court, Bilaspur, hence, the transfer petition is liable to be dismissed. 4. I have heard learned counsel for the parties and perused the material available on record. 5. The ground taken for the transfer of Civil Suit No. 740-A/2025 is that maintenance case filed by the petitioner / wife in respect of both the parties is pending consideration before Family Court, Janjgir-Champa, therefore, it would be convenient for both the parties, if Civil Suit No. 740-A/2025 filed by respondent / husband before the Family Court, Bilaspur, District Bilaspur be transferred to Principal Judge, Family Court, Janjgir, District Janjgir-Champa, rather it would not cause any difficulty for the husband, as he has to go in the hearing of maintenance case filed by the petitioner/wife in the Family Court, Janjgir-Champa. 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 4 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 -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 matter 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. 8. Considering the fact situation of the case, which has been observed in preceding paragraphs of this order and in light of the principles of law laid down by the Apex Court in aforecited cases; it is a fit case for transfer of the civil suit, as prayed for. 9. Consequently, the instant transfer petition is allowed. It is ordered that the Civil Suit No. 740-A/2025 (Harsh Tandon Vs. Smt. Niharika @ Khushbu Lehre) pending before Principal Judge, Family Court, Bilaspur be transferred to Principal Judge, Family Court, Janjgir, District Janjgir-Champa (C.G.) for its trial/ disposal in accordance with law. Principal Judge, Family Court, Bilaspur, District Bilaspur is directed to transmit the record of the above case to the Family Court, Janjgir, District Janjgir-Champa, within a period of 15 days. 10. Further, the transferee Family Court is directed to expedite the trial and conclude the same as early as possible preferably within period of four months from the date of receipt of the original record. The parties are also 5 directed to cooperate with the Family Court for the expeditious disposal of the case. 11. However, the respondent / husband is at liberty to attend the proceedings before the Family Court, Janjgir, District Janjgir-Champa through Video Conferencing on dates when his personal appearance is not explicitly required by the said Court. 12. Pending interlocutory application, if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2026.08.20 17:34:34 +0530