1 CGHC010267612026 2026:CGHC:38926 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 120 of 2026 1 - Smt. Priyanka Sathe W/o Shailendra Kumar Sathe Aged About 29 Years R/o House No. 1097, Shivnagar, Behind Kalimandir, New Changorabhata, Raipur, Tahsil And District Raipur, C.G. ... Petitioner versus 1 - Shailendra Kumar Sathe S/o Yogendra Kumar Sathe Aged About 29 Years R/o Samta Nagar Gourela, Tahsil Pendra Road, District- Gourela-Pendra-Marwahi, C.G. ... Respondent (Cause title, as taken from Case Information System) For Petitioner : Mr. Shikhar Sharma, Advocate. For Respondent : Mr. Vijay Shankar Mishra, Advocate. (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order On Board 02/09/2026 1. The petitioner/wife has filed the present petition under Section 24 of the Code of Civil Procedure, 1908 (for short ‘CPC’), seeking transfer of Civil Suit No.04/2026 (Shailendra Kumar Sathe vs. Smt. Priyanka Sathe), pending before the learned First District RUKHSAR BANO Digitally signed by RUKHSAR BANO Date: 2026.09.05 11:22:22 +0530 2 Judge, Pendra Road, District Bilaspur, to the learned Family Court, Raipur, District Raipur (CG). 2. Learned counsel for the petitioner/wife submits that the marriage of petitioner/wife was solemnized with the respondent/husband on 29.01.2016 as per the Hindu rituals and customs. Out of the wedlock, they have been blessed with a minor child, aged about 8 years. He further submits that, due to cruelty meted out to the petitioner/wife by respondent/husband and his family members, she was compelled to leave the matrimonial home and is presently residing at her parental home in Raipur. He further submitted that the respondent/husband has filed a divorce petition under Section 13(A) of the Hindu Marriage Act, 1955 (henceforth referred to as the ‘Act, 1955’), which has been registered as Civil Suit No.04/2026 and is pending before the learned First District Judge, Pendra Road, District Bilaspur (CG). Learned counsel further submits that the petitioner/wife has also filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as “the Act, 2005”) against the respondent/husband and his family members, which has been registered as MJC Criminal Case No.638/2021 and is pending before the Judicial Magistrate First Class (JMFC), Raipur in which the respondent/husband has already entered his appearance. It is further submitted that the distance between Raipur and Pendra Road is about 500 km (to and fro). He also submits that the petitioner’s parents are no more. Therefore, it 3 would be difficult for her to travel such a long distance on every date of hearing. Hence, it is prayed that Civil Suit No.04/2026 filed by respondent/husband be transferred from the Court of learned First District Judge, Pendra Road, District Bilaspur (CG) to the Family Court, Raipur (CG). 3. Per contra, learned counsel for the respondent/husband submits that the petitioner/wife has left his company without any sufficient reason and has also left behind the minor child, aged about 8 years, who is presently residing with the respondent/husband at Pendra Road. He further submits that the respondent’s father is an aged person and that there is no other person to look after him and the minor child. Hence, it would be difficult for the respondent/husband to travel from Pendra Road to Raipur. Therefore, he prays that the present transfer petition may be dismissed. 4. Heard learned counsel for the parties and perused the material available on record carefully. 5. Hon'ble Apex Court in N.C.V. Aishwarya Vs. A.S. Saravana Karthik reported in 2022 SCC Online SC 1199 held at para 9 which reads 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 4 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.” 6. Hon'ble Supreme Court in the matter of Sumita Singh Versus Kumar Sanjay and another reported in 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 Versus Kishore Babulal Pardeshi reported in (2005) 12 SCC 237 has observed that the convenience of wife is to be preferred over the convenience of the husband. 7. Admittedly, the divorce petition filed by the respondent/husband is pending before the learned First District Judge, Pendra Road, District Bilaspur. It is also not in dispute that the proceeding initiated by the petitioner/wife under Section 12 of the Act, 2005 is already pending against the respondent/husband before the learned JMFC, Raipur. It is further not disputed that the distance between Raipur and Pendra Road is about 500 km (to and fro). It is also the case of the petitioner that her parents are no more. 8. In the aforesaid circumstances, this Court is of the considered 5 view that, if Civil Suit No. 04/2026 filed by the respondent/husband is not transferred from the Court of learned First District Judge, Pendra Road, District Bilaspur, to the Family Court, Raipur, it would cause considerable inconvenience and hardship to the petitioner/wife in attending the proceedings at Pendra Road. 9. Further, in view of the principles laid down in the aforecited case laws of Hon’ble Apex Court, wherein it has been observed that, in transfer of matrimonial cases, the wife's convenience must be looked into, this Court is of the considered opinion that the present case is fit one 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.04/2026 {Shailendra Kumar Sathe vs. Smt. Priyanka Sathe} pending before the learned First District Judge, Pendra Road, District Bilaspur (CG), be transferred to the Family Court, Raipur, District Raipur (CG) for its trial/disposal in accordance with law. The learned First District Judge, Pendra Road, District Bilaspur is directed to transmit the record of the aforesaid Civil Suit No.04/2026 to the Family Court, Raipur, District Raipur (CG), within a period of 15 days from the date of receipt/submission of a copy of this order. 11. It is further directed that after receiving the case on transfer, the Family Court, Raipur, District Raipur (CG) shall consider and decide the same as early as possible, preferably within a further 6 period of four months from the date of receipt of the record from the transferring Court. The parties are directed to cooperate with the concerned Family Court for early disposal of the case. 12. It is further observed that if the personal appearance of the respondent/husband is not required, the concerned Family Court may permit him to appear through video conferencing. 13. Pending application(s), if any, stands disposed of. No order as to costs. Sd/- (Naresh Kumar Chandravanshi) Judge Rukhsar