1 CGHC010270502026 2026:CGHC:37795 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 116 of 2026 Smt. Poornima Yogi W/o Ishwarnath Yogi, D/o Shri Rupendranath Shivopasak Aged About 39 Years R/o Hariom Niwas, Near Circuit House, Ward No. 03, Aadarsh Nagar, Kawardha, District Kabirdham Chhattisgarh ... Petitioner versus Ishwarnath Yogi S/o Shri Narsingh Nath Yogi Aged About 40 Years R/o Ward No. 06, Gandhi Chowk, Aarang, Tehsil Aarang, District Raipur Chhattisgarh ... Respondent For Petitioner : Mr. Sudhanshu Upadhyay, Advocate For Respondent : Ms. Vidhi Matlani, Advocate (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 24.08.2026 1. The petitioner/wife has preferred this transfer petition under Section 24 of the Civil Procedure Code, 1908 (henceforth 'CPC') for transfer of Case No.542/26 (Ishwarnath Yogi vs. Poornima Yogi) pending before Principal Judge, Family Court, Raipur to Family Court Kawardha, Distt. Kabirdham (CG). 2. Fact of the case, in brief are that, marriage of petitioner/wife was solemnized with the respondent/husband on 13.05.2022 according to the Hindu rituals and customs. After a few months of the marriage, the petitioner/wife was subjected to cruelty and harassment by the respondent/husband and his family members on account of non-fulfillment of their dowry demands, compelling her to leave the matrimonial home on 20.12.2024. Thereafter, she has been residing with her BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2026.08.25 10:59:41 +0530 2 parents at Kawardha. The petitioner/wife has lodged a criminal case against the husband and his family members bearing FIR No.83/2025 for the offence punishable under Sections 296, 115(2), 351(3), 85 and 3(5) of the Bhartiya Nyay Sanhita, 2023, at Police Station Kabirdham. The respondent/husband has also filed an application under Section 11 of the Hindu Marriage Act, 1955 before Family Court, Raipur. The petitioner/wife has therefore, sought transfer of the said proceeding to the Family Court, Kawardha. 3. Learned counsel for the petitioner submits that to and fro distance between Kawardha and Raipur is around 240 Km., and it would be difficult for the petitioner, who has no independent income, to travel such distance to attend the Court proceedings at Raipur. It is further submitted that the petitioner has filed one criminal case against the respondent/husband bearing FIR No.83/2025, which is pending consideration before Judicial Magistrate First Class, Kabirdham (Kawardh). Hence, if the civil suit filed by the husband is transferred from Family Court, Raipur to Family Court Kawardha, it would be convenient for not only for the petitioner/wife, but also to the respondent/husband, as he can appear in both the cases in the Court of Kawardha. He further submits that it is settled law that the convenience of the 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 Case No.542/2026, (Ishwarnath Yogi vs. Poornima Yogi) pending before Principal Judge, Family Court, Raipur be transferred to Family Court Kawardha, Distt. Kabirdham (CG). 4. On the other hand, learned counsel for the respondent/husband submits that the husband is an employee of private bank and posted at Raipur. Therefore, it would be difficult for him to travel from Raipur to Kawardha, hence, it is prayed that the transfer petition may be rejected. 5. I have heard learned counsel for the petitioner and perused the material placed on record. 3 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 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 per the petitioner, one criminal case filed against the respondent/husband bearing FIR No.83/2025, is pending consideration before Judicial Magistrate First Class, Kabirdham (Kawardh) and he has to attend that proceeding, hence, it would be convenient for the respondent/husband also if the petition filed by the husband bearing Case No.542/2026, (Ishwarnath Yogi vs. Poornima Yogi) pending before Principal Judge, Family Court, Raipur is transferred to Family Court Kawardha, Distt. Kabirdham (CG). 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 4 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 Case No.542/2026, (Ishwarnath Yogi vs. Poornima Yogi) pending before Principal Judge, Family Court, Raipur be transferred to Family Court Kawardha, Distt. Kabirdham (CG) for its trial/ disposal in accordance with law. The Principal Judge, Family Court, Raipur, Distt. Raipur is directed to transmit the record of the above case to the Family Court, Kawardha, Distt. Kabirdham within a period of 15 days. 11. Further, the Judge, Family Court, Kawardha is directed to expedite the trial and conclude the same expeditiously, preferably within a period of four months from 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