1 CGHC010278092026 2026:CGHC:37509 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 119 of 2026 Smt. Anita Rathore W/o Rajendra Kukar Rathore Aged About 39 Years R/o Village Patarpara Bhairamgarh, District Bijapur C.G. ... Petitioner versus Rajendra Kumar Rathore S/o Shri Dayalu Ram Rathore Aged About 32 Years Caste Banjare R/o D.N.K. Colony Nakapara Kanera Raod Kondagaon, District Kondagaon C.G. ... Respondent For Petitioner : Mr. Amit Bharadwaj, Advocate For Respondent : None present, though served. (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 20.08.2026 1. The petitioner/wife has preferred this transfer petition under Section 24 of the Civil Procedure Code, 1908 (henceforth 'CPC') for transfer of Civil Suit No.42-A/2024 (Rajendra Kumar Rathore vs. Anita Rathore) pending before Family Court, Kondagaon to Family Court Dantewada (CG). 2. Brief facts of the case are that, marriage of petitioner/wife was solemnized with the respondent/husband on 26.05.2013 according to the Hindu rituals and customs. Out of their wedlock three children were born, presently aged about 9, 7 & 5 years. After few years of the marriage, dispute arose between the parties and the petitioner left the matrimonial house and presently residing at her parental house BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2026.08.21 15:47:46 +0530 2 with her three minor children. Thereafter the respondent filed an application under Section 13 of the Hindu Marriage Act before Family Court, Kondagaon. The petitioner has sought transfer of the said proceeding to the Family Court, Dantewada. 3. Learned counsel for the petitioner submits that the petitioner is residing at Village Patarpara, Bhairamgarh, Distt. Bijapur along with her three minor children and to and fro distance between Bijapur and Kondagaon is about 500 km. and it would be difficult for the petitioner, who has three minor children, to travel such distance to attend the Court proceedings at Kondagaon. Hence, if the civil suit filed by the respondent is transferred from Family Court, Kondagaon to Family Court Dantewada, it would be convenient for the petitioner/wife. He further submits that it is settled law that the convenience of wife is to be preferred over the convenience of the husband. Hence, it is prayed that present transfer petition may be allowed and the petition bearing Civil Suit No.42-A/2024 (Rajendra Kumar Rathore vs. Anita Rathore) pending before Family Court, Kondagaon (CG) be transferred to Family Court Dantewada (CG). 4. Notice issued to the respondent is served to him, however neither he present nor any representation is made on his behalf. 5. I have heard learned counsel for the petitioner and perused the material placed on record. 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 3 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 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. 8. As submitted by the petitioner, to and fro distance between Bijapur, where she resides with her minor children, and Dantewada is approximately 500 Km. It would, therefore, be difficult for her to travel such a long distance, particularly as she would have to leave her minor children behind. Hence, it would be convenient for the petitioner/wife if Civil Suit No. 42-A/2024, (Rajendra Kumar Rathore vs. Anita Rathore), pending before the Family Court, Kondagaon, is transferred to the Family Court, Dantewada (C.G.). 9. Considering the fact situation of the case and also 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. 10. Accordingly, the instant transfer petition is allowed. It is ordered that Civil Suit No.42-A/2024 (Rajendra Kumar Rathore vs. Anita Rathore) pending before Family Court, Kondagaon be transferred to Family Court Dantewada (CG) for its trial/ disposal in accordance with law. The Judge, Family Court, Kondagaon, Distt. Kondagaon is directed to transmit the record of the above case to the Family Court, Dantewada, Distt. Dantewada, within a period of 15 days. 11. Further, the Judge, Family Court, Dantewada is directed to expedite the trial and conclude the same expeditiously, preferably within a period of four months from 4 the date of receipt of the record from transferring Court. The parties are also directed to cooperate with the concerned Family Court for early disposal of the case. If the personal appearance of the respondent is not required, he may be permitted to appear through Video Conferencing. 12. In view of above order, pending interim application(s), if any, stands disposed of. No order as to costs. Sd/- (Naresh Kumar Chandravanshi) Judge Bini