NAFR HIGH COURT OF CHHATTISGARH, BILASPUR TPC No. 110 of 2024 • Smt. Durgesh Sinha W/o Shri Kishore Kumar Jain, D/o Late Shri Bhukhan Sinha, Aged About 31 Years At Present R/o Ward No. 12, Yadavpara Gariyaband, Tahsil And District Gariyaband (C.G.)

---- Petitioner Versus • Kishore Kumar Jain S/o Shri Prabhuram Jain, Aged About 31 Years R/o Rawatpura, Mathpuraina, Raipur, Tahsil And District Raipur (C.G.)

---- Respondent ----------------------------------------------------------------------------------------------

For Petitioner : Mr. Ravi Kumar Kashyap, Advocate For Respondent : Mr. Bhupendra Kumar Pandey, Advocate ----------------------------------------------------------------------------------------------

Hon'ble Shri Justice Naresh Kumar Chandravansh i Order On Board

29.7.2024.

1. The applicant has preferred this transfer petition under Section 24 of the Code of Civil Procedure (for short ‘CPC’) for transfer of Case No.59/24 pending before Principal Judge, Family Digitally signed by BINI Court, Raipur (CG) to Family Court, Gariyaband (CG).

BINI PRADEEP PRADEEP Date:

2024.07.31

12:03:13 +0530

2. Facts of the case, in nutshell are that, marriage between the applicant/wife and respondent/husband was solemnized on 09.12.2020. It is alleged that after some time of the marriage, the respondent/husband and his family members started cruelty on the applicant/wife for bringing less dowry. The applicant/wife has filed application under Section 9 of the Hindu Marriage Act, 1955 ( for short, ‘the Act 1955’), for restitution of conjugal rights, before Additional District Judge, Gariyaband Distt. Gariyaband (Annexure-A/2). She has also filed complaint case against her husband and family members under Section 498A/34 IPC, which is pending before Chief Judicial Magistrate, Gariyaband (Annexure-A/3). Thereafter the respondent/husband filed an application under Section 13(1) of the Act, 1995 bearing Case No.59/24 before Principal Judge, Family Court, Raipur. This transfer petition has been filed by the wife for transfer of aforesaid divorce petition.

3. Learned counsel for the applicant/wife submits that application filed by the applicant/wife under Section 9 of the Hindu Marriage Act, 1955 has already pending before Additional District Judge, Gariyaband. One more criminal case under Section 498A IPC is also pending against the husband and his family members in the Court of Gariyaband. Despite that, the respondent/husband has filed divorce petition bearing Case No.59/2024 before the Family Court, Raipur. It is further submitted that distance between Gariyaband and Raipur is 92 km and being a single lady it would be difficult for the wife to attend the Court proceedings at Raipur. It is further submitted that since two cases are already pending against the husband at Gariyaband, therefore, the divorce petition may also be transferred. Hence, it is prayed that this petition may be allowed and divorce petition bearing Case No.59/24 pending before Principal Judge, Family Court, Raipur may be transferred to Family Court Gariyaband.

4. On the other hand, learned counsel for the respondent/ husband would submit that there is direct bus facility between Gariyaband and Raipur, the petitioner is an adult lady, she can very well attend the Court proceedings at Family Court, Raipur, hence, this transfer petition may be dismissed.

5. Heard learned counsel for the applicant and perused the material available in the transfer petition.

6. The grounds taken for the transfer of divorce petition is that two cases filed by the wife in respect of both the parties are pending before the Court of Gariyaband and the distance between Gariyaband and Raipur is about 92 km, being a lady, it is very difficult for her to attend the Court proceedings in Raipur.

7. Hon'ble Apex Court in N.C.V. Aishwarya Vs. A.S. Saravana Karthik (2022 SCC Online SC 1199) held at paras 9 which reads as under:-

"9. The cardinal principle for exercise of power under section 24 of the Code of Civil Procedu