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2025 Supreme(Online)(Chh) 7701
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Naresh Kumar Chandravanshi, J
Smt Dipika Thakur – Appellant
Versus
Lalit Singh Bisen – Respondent
Transfer Petition No. 197 of 2024
For the Petitioner: Mr. C.R. Sahu
For the Respondent: Mr. Sanjay Pathak
Convenience of the wife must be prioritized in matrimonial transfer petitions to ensure justice.
Headnote:(A) Code of Civil Procedure, 1908 - Section 24 - Transfer of matrimonial suit - Convenience of the wife must be prioritized in transfer petitions regarding matrimonial disputes. The court emphasizes that the wife’s convenience is paramount in such cases due to socio-economic conditions. (Paras 6, 7, 8, 9)
(B) Transfer Petition - Petition for transfer of divorce suit - Considering the long distance between the trial court and the petitioner’s residence, the petition is allowed to ensure the petitioner’s ease of access to justice. (Para 10)
Facts of the case:
The petitioner filed for the transfer of a divorce suit pending in Bilaspur to Durg for convenience due to distance and other related cases pending against the respondent/husband in Durg.
Findings of Court:
It was found necessary to transfer the divorce case to ensure justice is served by allowing the petitioner easier access to court proceedings.
Issues: The main issue was the necessity of transferring a divorce petition to cater for the convenience of the wife in light of socio-economic factors.
Ratio Decidendi: The court ruled that the convenience of the wife must be prioritized in matrimonial matters, supported by precedents that highlight this principle.
Result: Petition allowed, and the divorce case is transferred to Durg Family Court.
| Table of Content |
|---|
| 1. petitioner seeks transfer due to distance-related inconvenience. (Para 1 , 2 , 3) |
| 2. both parties agree to the transfer request. (Para 4 , 5) |
| 3. wife’s convenience is critical in matrimonial case transfers. (Para 6 , 8) |
| 4. court finds merit in prioritizing wife's convenience. (Para 7 , 9) |
| 5. transfer granted for efficient case management. (Para 10 , 11) |
Order On Board
08/07/2025
1. Heard.
2. The petitioner/wife has filed the instant petition under Section 24 of the Code of Civil Procedure (for short ‘CPC’), 1908 for transfer of Civil Suit No. CS/778/2024 (Lalit Singh Bisen versus Smt. Dipika Thakur) pending before the learned Principal Judge, Family Court, Bilaspur, District Bilaspur (CG) to the learned Family Court, Durg, District Durg (CG).
3. Learned counsel for the petitioner/wife would submit that marriage of petitioner/wife was solemnized with the respondent/husband on
16.02.2023 as per the Hindu customs and rituals. But, due to dispute arose between the parties, the petitioner/wife was compelled to live apart and she is presently residing along with her parents at Durg. He would further submit that respondent/husband has filed divorce petition bearing Civil Suit No. CS/778/2024 before the Family Court, Bilaspur, whereas petitioner/wife has filed maintenance application before the Family Court, Durg and one another case bearing MJC No.925/2024 under Protection of Women from Domestic Violence Act, 2005, is also pending before the learned Chief Judicial Magistrate, Durg against the respondent/husband. Learned counsel further submitted that distance between Durg and Bilaspur is about 170 km and being a lady, it would be difficult for her to travel such long distance, whereas if divorce petition is transferred from Bilaspur to Durg, then it would be convenient for respondent /husband also as he has already come to Durg to attend hearing in aforesaid two cases, therefore, it is prayed that application may be allowed and Civil Suit No. CS/778/2024 (divorce petition) filed by respondent/husband be transferred from the Family Court, Bilaspur (CG) to the Family Court, Durg (CG).
4. Learned counsel for the respondent has no objection to allow the aforesaid prayer made by learned counsel for the petitioner.
5. I have heard learned counsel for the parties and perused the material available on record carefully.
6. Having considered the fact that, to and fro distance between Durg and Bilaspur is about 340 km, as such, being a lady it would be difficult for the petitioner/wife to attend hearing in divorce petition at Family Court, Bilaspur, further, two cases are already pending against the respondent/husband before the Family Court, Durg, therefore if civil suit (divorce petition) filed by respondent/husband is transferred from the Family Court, Bilaspur to the Family Court, Durg, then it would be convenient for respondent also to attend hearing at the same place in aforesaid cases.
7. 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 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 Versus Kumar Sanjay and another reported in 2001
