1 CGHC010293992026 2026:CGHC:39012 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 135 of 2026 Pooja Sinha W/o Laxman Kumar Sinha Aged About 25 Years At Present R/o Village- Kotrasarar, P.S. Lalbagh, Tahsil And Dist. Rajnandgaon, C.G. ... Petitioner versus Laxman Kumar Sinha S/o Khem Lal Sinha Aged About 29 Years R/o Village Surpa, P.S. Jamgaon, Tahsil And Dist. Durg, C.G. ... Respondent For Petitioner : Mr. Ravi Kumar Bodhani, Adv. Through VC and Mr. Ankush Soni, Advocate For Respondent : Mr. Purnendra Khichariya, Advocate (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 03.09.2026 1. The petitioner/wife has preferred this transfer petition under Section 24 of the Civil Procedure Code, 1908 (henceforth 'CPC') for transfer of case bearing No.HMA/1088/2025 (Laxman Kumar Sinha Vs. Smt. Pooja Sinha) pending before First Additional Principal Judge, Family Court, Durg to Family Court Rajnandgaon (CG). 2. Fact of the case, in brief are that, marriage of the petitioner/wife was solemnized with the respondent/husband on 10.05.2024 according to the Hindu rituals and customs. After few months of the marriage, dispute arose between the parties and the petitioner/wife left her matrimonial home and started residing with BINI PRADEEP Digitally signed by BINI PRADEEP DN: cn=BINI PRADEEP, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN 2 her parents. Thereafter, the respondent/husband filed an application under Section 13(1)(ia) of the Hindu Marriage Act, 1955 before the Family Court, Durg, which was registered as Civil Suit No.1088/2025. The petitioner has sought transfer of the said proceeding to the Family Court, Rajnandgaon. 3. Learned counsel for the petitioner submits that the petitioner has filed application under Section 144 of the Bharatiya Nyaya Sanhita, 2023 bearing Criminal MJC No.260/2025, which is presently pending consideration before Family Court, Rajnandgaon, wherein the respondent has already entered his appearance. It is further submitted that to-and-fro distance between Durg and Rajnandgaon is about 80 Km and it would be difficult for the petitioner, who has no independent source of income, to travel such distance to attend the Court proceedings before the Family Court at Durg. It is therefore submitted that, if the civil suit filed by the respondent is transferred from Family Court, Durg to Family Court Rajnandgaon, the same would be convenient not only for the petitioner/wife, but also for the respondent/husband, as husband would be able to appear in both the cases in the Court of Rajnandgaon. He further submits that it is settled law that the convenience of wife is to be preferred over the convenience of husband. Hence, it is prayed that present transfer petition may be allowed and the Civil Suit bearing No.HMA/1088/2025 (Laxman Kumar Sinha Vs. Smt. Pooja Sinha) pending before First Additional Principal Judge, Family Court, Durg be transferred to Family Court Rajnandgaon (CG). 4. Per contra, learned counsel appearing for the respondent submits that evidence has already commenced in the divorce proceedings pending before the Family Court, Durg, and that the hearing is likely to be concluded at the earliest, hence, the instant transfer petition may be rejected 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:- 3 "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 case under Section under Section 144 of the Bharatiya Nyaya Sanhita, 2023 bearing Criminal MJC No.260/2025, is pending consideration before Family Court, Rajnandgaon, against the respondent/ husband and he has to attend that proceeding, hence, it would be convenient for the respondent/husband also if the petition bearing No.HMA/1088/2025 (Laxman Kumar Sinha Vs. Smt. Pooja Sinha) pending before First Additional Principal Judge, Family Court, Durg is transferred to Family Court Rajnandgaon (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 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. 4 10. Accordingly, the instant transfer petition is allowed. It is ordered that Civil Suit No.HMA/1088/2025 (Laxman Kumar Sinha Vs. Smt. Pooja Sinha) pending before First Additional Principal Judge, Family Court, Durg be transferred to Family Court Rajnandgaon (CG) for its trial/ disposal in accordance with law. The First Additional Principal Judge, Family Court, Durg, Distt. Durg is directed to transmit the record of the above case to the Family Court, Rajnandgaon, Distt. Rajnandgaon, within a period of 15 days. 11. Further, the Judge, Family Court, Rajnandgaon 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