In matrimonial cases, the convenience of the wife is the primary consideration for granting a transfer of proceedings.

Order on Board

05.8.2025

1. Petitioner/wife has preferred this transfer petition under Section 24 of the Civil Procedure Code, 1908 (henceforth ' CPC ') for transfer of Civil Suit No.75/2025 (Hirendra Singh vs. Smt. Dipika Singh ) pending before Principal Judge, Family Court, Durg to Principal Judge, Family Court, Bilaspur (CG).

2. Learned counsel appearing for the petitioner/wife submits that marriage of petitioner/wife was solemnized with the respondent/husband on 14.02.2020 in accordance with Hindu rites and customs. After few months of the marriage, the respondent/husband and his family members started cruelty upon the petitioner/wife on account of dowry she was also ousted from the house, therefore, the petitioner/wife left the company of the respondent/husband and is residing with her parents at Bilaspur. He further submits the petitioner has filed application under Digitally signed by BINI BINI PRADEEP PRADEEP Date:

2025.08.06

12:05:22 +0530 Section 12 of the Domestic Violence Act, 2005 before Judicial Magistrate First Class, Bilaspur bearing Misc. Criminal Case No.587/2025 and she has also filed application under Section 144(1) BNSS for maintenance, against the respondent before Family Court, Bilaspur bearing MJC No.194/2025. He would next submit that, to and fro distance between Durg and Bilaspur is about 300 km and being a lady, it would be difficult for her to travel such long distance. It is further submitted that since two cases are already pending against the husband in Family Court, Bilaspur, therefore, if divorce petition bearing Civil Suit No.75/2025 is transferred from Family Court Durg to Family Court, Bilaspur, then it would not only convenient for the petitioner but also to the respondent, because he can attend all the three cases in the Court of Bilaspur, hence, it is prayed that present transfer petition may be allowed and Civil Suit No.75/2025 be transferred from Family Court, Durg to Family Court, Bilaspur

3. On the other hand, learned counsel for the respondent would submit that though to and fro distance between Bilaspur and Durg is 300 Km, but these two places are well connected with both rail and road, therefore, it would not be difficult for the petitioner, who is young lady of 26 years, to travel such distance. However, he conceded that maintenance application as well as the application under Section 12 of the Domestic Violence Act, 2005 filed by the petitioner against the respondents are pending in the Court of Bilaspur. He would further submit that since the respondent/husband is employed in CISF, he is living in different places on account of his transferrable job, therefore, it would be difficult for him if the divorce case is transferred, hence, instant transfer petition may be rejected.

4. I have heard learned counsel for the parties and perused the material placed on record.

5. 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:-

"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 th