1 CGHC010244912026 2026:CGHC:36750 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 109 of 2026 Smt. Rajeshwari Rajput W/o Amit Rajput, D/o Rajaram Verma Aged About 25 Years R/o Village Putputa, Pathargarhi, Police Station And Tahsil- Pathariya, District- Mungeli (C.G.) ... Applicant versus Amit Rajput S/o Shri Bheekham Ram Rajput Aged About 29 Years R/o Professor Colony, Sector-02, Street No. 01, Near Krishna Store, Police Station, Purani Basti, Raipur, Tahsil And District- Raipur (C.G.) ... Respondent {Cause title, as taken from CIS} For Petitioner : Mr. Hemant Kesharwani, Advocate. For Respondent : None present. {Hon’ble Mr. Justice Naresh Kumar Chandravanshi} Order on Board 18/08/2026 Heard. 1. Petitioner/ wife has preferred this transfer petition under Section 24 of the Civil Procedure Code, 1908 (henceforth 'CPC') for transfer of divorce case bearing HMA No. 410 /2026 (Amit Rajput Vs. Smt. Rajeshwari Rajput) pending before First Additional Principal Judge, Family Court, Raipur (C.G.) to the Family Court, Mungeli, District Mungeli (C.G.) 2 2. Learned counsel appearing for the petitioner/wife submits that marriage of petitioner/wife was solemnized with the respondent/husband on 04.05.2022 at village Putpura, District Mungeli (C.G.) as per Hindu rites and customs and they have been blessed with one male child from their wedlock. After some time of marriage, respondent/husband & his family members starting harrassing the petitioner / wife in connection with demand of dowry, due to which, she has been compelled to live apart from respondent/husband, therefore, she is residing with her minor child alongwith her parents at Mungeli, District Mungeli since 27.04.2025. He further submits that the petitioner/ wife has filed an application under Section 144 of the B.N.S.S. for grant of maintenance before the Family Court, Mungeli, District Mungeli bearing Case No. 183/2025 against the respondent/husband, in which, respondent/husband has already entered his appearance. It is next contended that respondent/husband has filed application under Section 13 ( d ) of Hindu Marriage Act, 1955 bearing Case No. HMA/410/2026 for grant of decree of divorce before the court of Principal Judge, Family Court, Raipur only to harass the petitioner/wife. It is submitted that distance between Mungeli to Raipur is about 206 kms. to and fro and, therefore, it would be difficult for the petitioner/wife to go to Raipur 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, Mungeli, therefore, it would not be difficult for him to come to attend the case at Mungeli, if divorce Case No. HMA/410/2026 is transferred from the Court of Principal Judge, Family Court, Raipur (C.G.) to the court of Judge, Family Court, Mungeli. 3 3. Despite service of notice upon respondent / husband, neither he appeared before this Court nor represented by any counsel. 4. I have heard learned counsel for the petitioner / wife and perused the material available on record. 5. The ground taken for the transfer of HMA No. 410 /2026 (Amit Rajput Vs. Smt. Rajeshwari Rajput) is that maintenance case filed by the petitioner / wife in respect of both the parties is pending consideration before Family Court, Mungeli, District Mungeli (C.G.), therefore, it would be convenient for both the parties, if divorce case bearing HMA No. 410 /2026 filed by respondent / husband before the Principal Judge, Family Court, Raipur, District Raipur be transferred to the court of Judge, Family Court, Mungeli, 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, Mungeli. 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 both the parties in eking out their livelihood and under whose protective 4 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 divorce case bearing HMA No. 410 /2026 (Amit Rajput Vs. Smt. Rajeshwari Rajput) pending before First Additional Principal Judge, Family Court, Raipur (C.G.) be transferred to the Family Court, Mungeli, District Mungeli (C.G.) for its trial/ disposal in accordance with law. Principal Judge, Family Court, Raipur, District Raipur is directed to transmit the record of the above case to the Family Court, Mungeli, District Mungeli (C.G.) 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 join the proceedings before the Family Court, Mungeli, District Mungeli (C.G.) 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 17:26:35 +0530