2026:CGHC:2187 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 194 of 2025 Smt. Muskan Gupta D/o Late Shri Rinku Gupta Aged About 22 Years R/o Vivekanand Colony, Jashpur Nagar, District- Jashpur, Chhattisgarh.

... Petitioner(s)

Digitally signed by versus JYOTI JYOTI SHARMA SHARMAD 20 a 2 te 6 : .01.15 Gaurishankar Agrawal S/o Rohitash Agrawal Aged About 30 Years R/o

10:29:05 +0530 Ward No. 08 Dhabra, Tehsil - Dhabra, District - Sakti, Chhattisgarh.

... Respondent(s)

(Cause-tile taken from the Case Information System)

For Petitioner : Mr. Anshul Tiwari, Advocate.

For Respondent : Mr. Puneet Ruparel, Advocate Hon’ble Shri Bibhu Datta Guru, Judge

Order on Board

14/01/2026

1. This petition has been filed under Section 24 of the Civil Procedure Code, 1908 by the petitioner/wife seeking transfer of Matrimonial Case No. 62A/2025 under Section 12 (1) (B) of the Hindu Marriage Act, 1955 pending before Family Court, Shakti to Family Court Jashpur.

2. The marriage between the parties was solemnized on 24.02.2025.

After some time, the dispute arose between the parties. The respondent/husband, has filed an application against the petitioner under Section 12 (1) (B) of the Hindu Marriage Act, 1955 before the Family Court, Shakti for grant of decree of divorce.

3. Learned counsel for the petitioner submits that the wife is facing difficulty in travelling for appearance before the Family Court, Shakti, due to the long distance involved. He, therefore, prays for transfer of the said case to Jashpur for the convenience of the wife to effectively participate in the proceedings.

4. Learned counsel for the respondent opposes the aforesaid prayer.

5. Heard learned counsel for the parties and also perused the documents annexed with the petition.

6. In the matter of N.C.V. Aishwarya Vs. A.S. Saravana Karthik (2022 SCC Online SC 1199) the Hon’ble Supreme Court has observed that generally it is wife’s convenience which must be looked at while considering transfer. The relevant portion of the aforesaid judgment is reproduced hereunder:-

"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.

10.Further, when two or more proceedings are pending in different Courts between the same parties which raise common question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions.”

7. Having regard to the submissions of learned counsel for the parties and in view of the aforesaid principles, this Court is inclined to allow the prayer made by the petitioner.

8. Consequently, the Transfer Petition is allowed and it is ordered that Matrimonial Case No. 62A/2025 pending before the Family Court, Shakti be transferred to the Family Court, Jashpur for its trial/disposal in accordance with law.

9. Further, the respondent/husband would be at liberty to participate in the proceedings through video conferencing/virtually unless otherwise directed by the concerned Court.

10. Both the parties are directed to remain present before the Family Court, Jashpur on 10.03.2026.

Sd/-

(Bibhu Datta Guru)

JUDGE

Jyoti