1 CGHC010293232026 2026:CGHC:38267 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 129 of 2026 Smt Kanika Rana W/o Sushant Kumar, Aged About 43 Years R/o Village -Patna, Dakaipara (Wrongly Mentioned As Kataipara In Annexure A /1), P.S. -Patna Distt. Koriya (C.G.) ... Applicant versus Sushant Kumar S/o Late Shivpad Rana, Aged About 53 Years R/o Village Jarhi P.S. -Bhatagaon, Tahsil -Pratappur, Distt - Surajpur (C.G.) ... Respondent (Cause title, as taken from CIS) For Applicant : Ms. Chetna Sharma, Advocate. For Respondent : Mr. Vikram Singh Vishwakarma, Advocate. (Hon’ble Mr. Justice Naresh Kumar Chandravanshi) Order on Board 31/08/2026 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. A/7/2026 (Sushant Kumar Vs. Smt. Kanika Rana) pending before District Judge, Pratapur, District Surajpur to the Court of Principal Judge, Family Court, Baikunthpur, Distt – Koria (C.G.). 2. Learned counsel appearing for the petitioner/wife submits that marriage of petitioner/wife was solemnized with the respondent/husband on 13.05.2003 as per Hindu rites and rituals. They have been blessed with two children, aged about 18 years and seven years, respectively. After some time 2 of the marriage, due to the demand for dowry and the harassment meted out to the petitioner/wife by the respondent/husband and his family members, the petitioner was compelled to live separately from the respondent/husband. Accordingly, she has been residing with her parents at Village Patna, District Koria (Baikunthpur), along with her minor daughter, aged about 7 years. The petitioner thereafter filed an application under Section 125 of the Code of Criminal Procedure, 1973, seeking maintenance before the learned Family Court, Baikunthpur, wherein the non-applicant/husband duly entered his appearance. Vide order dated 29.10.2022, the learned Family Court granted maintenance of Rs. 10,000/- per month in favour of the petitioner/wife. Subsequently, the said maintenance amount was enhanced to Rs. 13,000/- per month vide order dated 28.07.2025. 3. Learned counsel appering for the petitioner/wife further submits that the respondent/husband has filed divorce petition bearing Civil Suit No. A/7/2026 (Sushant Kumar Vs. Smt. Kanika Ram) before the District Judge, Pratappur, District Surajpur (C.G.). She further submits that distance between Pratappur, District Surajpur to Baikunthpur, District Koria is 160 kms. to and fro, therefore, it would be difficult for the petitioner/wife to go to Pratappur, District Surajpur to attend hearing of aforesaid case filed by the respondent / husband, therefore, she submits that divorce petition bearing civil suit No. A/7/2026 be transferred form the court of District Judge, Pratappur, District Surajpur to the court of Principal Judge, Family Court, Baikunthpur, Distt. Koriya (C.G.). She further submits that though the Principal Judge of the Family Court at Baikunthpur (District Koriya) also conducts hearing at the camp court in Manendragarh, but the petitioner/wife desires that the said matter be transferred to the Principal Judge of the Family Court at Baikunthpur (District Koriya) and heard there. 3 4. Learned counsel for the respondent/husband would submit that the elder son of the parties, aged about 18 years, is residing with the respondent/husband. It is further submitted that the respondent/husband is suffering from heart disease and has also suffered a heart attack. Therefore, if the divorce petition is transferred from the Court of the District Judge, Pratappur, District Surajpur, to the Court of the Principal Judge, Family Court, Baikunthpur, District Koriya, it would be difficult for the respondent/husband to travel such a long distance, considering his medical condition. 5. Heard counsel for the parties and perused the material available on record. 6. The ground urged for seeking transfer of Civil Suit No. A-7/2026 is that the distance between Pratappur, District Surajpur, and Baikunthpur is approximately 160 kilometres to & fro and, therefore, it would be difficult for the petitioner/ wife to attend the hearing of divorce case filed by the respondent/husband before the Court of District Judge, Pratappur, District Surajpur. Further, according to learned counsel for the petitioner/wife, in the maintenance case, the respondent/husband is regularly appearing before the Family Court, Baikunthpur, District Koria. Therefore, it would be appropriate to transfer the Civil Suit No. A-7/2026, filed by the respondent/husband before the Court of the District Judge, Pratappur, District Surajpur to the Court of the Principal Judge, Family Court, Baikunthpur, District Koria. 7. 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 4 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.” 8. 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. 9. 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. 10. Consequently, the instant transfer petition is allowed. It is ordered that the Civil Suit No. A/7/2026 (Sushant Kumar Vs. Smt. Kanika Rana) pending before the Court of District Judge, Pratapur, District Surajpur be transferred to the Court of Principal Judge, Family Court, Baikunthpur, Distt – Koria (C.G.) for its trial/ disposal in accordance with law. District Judge, Pratappur, District Surajpur is directed to transmit the record of the above case to the Principal Judge, Family Court, Baikuntupur, District Koria, within a period of 15 days. 5 11. 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 directed to cooperate with the Family Court for the expeditious disposal of the case. 12. However, the respondent / husband is at liberty to attend the proceedings before the Family Court, Baikuntpur, District Koria (C.G.) through Video Conferencing on dates when his personal appearance is not explicitly required by the said Court. 13. Pending interlocutory application, if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2026.09.03 12:18:59 +0530