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2025 Supreme(Online)(Chh) 8695
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Naresh Kumar Chandravanshi, J
Smt. Babita Patel – Appellant
Versus
Lakhan Lal Patel – Respondent
TPC No. 41 of 2025
For the Appellants/Petitioners: Mr. Amit Sharma
For the Respondents: Mr. Amit Singh Chauhan
In matrimonial cases, the convenience of the wife is paramount when considering a transfer of proceedings.
Headnote:(A) Code of Civil Procedure, 1908 - Section 24 - Transfer Petition - Request for transfer of divorce petition from Family Court, Raipur to Family Court, Raigarh - Consideration of the convenience of the wife, given the long distance between the courts - Precedents affirming that in matrimonial matters, the wife's convenience is paramount. (Paras 7, 8, 9)
(B) Transfer of suits - The ends of justice demand that the suit should be transferred to ensure that both parties can attend hearings conveniently. (Paras 6, 9)
Facts of the case:
The applicant, having been abandoned, seeks transfer due to difficulties in traveling 275 km for divorce proceedings while a maintenance application is pending at a closer court.
Findings of Court:
The court acknowledges the burdens placed on the wife by distance and supports the transfer for convenience.
Issues: The main issue was whether the divorce petition should be transferred considering the convenience of the wife.
Ratio Decidendi: The court emphasizes the importance of the wife's convenience in transfer applications, prioritizing it over the husband's convenience. The circumstances of the wife and her need for accessibility to the court are vital in matrimonial matters.
Result: The transfer petition is allowed; the case is ordered transferred.
| Table of Content |
|---|
| 1. facts leading to the transfer petition. (Para 1 , 2 , 3) |
| 2. arguments against the transfer. (Para 4) |
| 3. court's consideration of convenience in transfer. (Para 5 , 6) |
| 4. citations supporting the need for wife's convenience. (Para 7 , 8) |
| 5. final ruling on the transfer petition. (Para 9 , 10 , 11) |
Order On Board
17/06/2025
1. Heard.
2. The Applicant/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.HMA/1180/2024 (Lakhan Lal Patel versus Smt. Babita Patel) pending before the learned Principal Judge, Family Court, Raipur (CG) to the learned Family Court, Raigarh, District Raigarh (CG).
3. Learned counsel for the applicant/wife would submit that marriage of applicant/wife was solemnized with the respondent/husband on 25.05.2010 as per the Hindu customs and rituals. They have blessed with a female child; namely Ku. Purva on 10.06.2011 and presently residing along with respondent/husband, however, without any reason, respondent/husband has abandoned applicant/wife, therefore, she is residing along with her brother at village Putkapuri, District Raigarh since about 1 year. He would further submit that respondent/husband has filed divorce petition bearing Civil Suit No.HMA/1180/2024 before the Principal Judge, Family Court, Raipur, whereas applicant/wife has filed maintenance application under Section 125 of Cr.P.C. before the Family Court, Raigarh. Learned counsel further submitted that distance between Raigarh and Raipur is about 275 km and being a lady, it would be difficult for her to travel such long distance, whereas if divorce petition is transferred from Raipur to Raigarh, then it would be convenient for respondent /husband also as he has already come to Raigarh to attend hearing in aforesaid maintenance case, therefore, it is prayed that application may be allowed and Civil Suit No.HMA/1180/2024 (divorce petition) filed by respondent/husband be transferred from the Family Court, Raipur (CG) to the Family Court, Raigarh (CG).
4. Per Contra, learned counsel for the respondent/husband would submit that there is direct train connectivity between Raigarh and Raipur, as such, she may travel between said two places, hence, application is liable to be rejected.
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 Raigarh and Raipur is about 550 km, as such, being a lady it would be difficult for the applicant/wife to attend hearing in divorce petition at Family Court, Raipur, whereas maintenance case is already pending against the respondent/husband before the Family Court, Raigarh, therefore if civil suit (divorce petition) filed by respondent/husband is transferred from the Family Court, Raipur to the Family Court, Raigarh, then it would be convenient for respondent also to attend hearing at the same place in both the 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 Versu
