2026:CGHC:1094 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 187 of 2025 Smt. Parvati Banjare D/o Santram Brahmaprakash Banjare Aged About 26 Years R/o Shukwari Bajar, Village Birgaon, Police Station- Urla, Tehsil And District- Raipur C.G.

... Petitioner.

Versus Brahmaprakash Banjare S/o Shri Omkar Banjre Aged About 30 Years R/o Village Paraswani, Tehsil Magarlod, District- Dhamtari C.G.

Digitally signed by AJAY KUMAR DWIVEDI ... Respondent.

DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT, o=HIGH COURT OF For Petitioner : Mr. Sushil Dubey, Advocate.

CHHATTISGARH, st=Chhattisgarh, c=IN For Respondent : Mr. D. N. Prajapti, Advocate.

Date: 2026.01.08 16:36:29 +0530 Hon'ble Shri Justice Deepak Kumar Tiwari

Order On Board

08/01/2026

1. This Petition has been filed under Section 24 of the Civil Procedure Code, 1908 by the petitioner/wife seeking transfer of Case No.29A/2025 (Bramhaprakash Banajre Vs. Smt. Parvati Banjare) from the Family Court, Dhamtari to Family Court Raipur (CG).

2. The marriage between the parties was solemnized on 01.01.2021. After some time, the dispute arose between the parties, due to which, the petitioner started residing at her parental house. Subsequently, the respondent/husband has filed an application under Section 13 (A) of the Hindu Marriage Act before the Family Court, Dhamtari for divorce and the petitioner is seeking transfer of said case to Family Court, Raipur.

3. Learned counsel for the petitioner submits that it is very painful and difficult to travel to Family Court, Dhamtari to attend each and every hearing of the case as distance between the two courts is too far. He also submits that petitioner is residing with her minor daughter who is aged about 3 years and it is very difficult to travel with her on each and every hearing. Therefore, the case of the respondent may be transferred to Family Court, Raipur for the convenience of the wife to participate in the proceedings.

4. Counsel for the respondent would oppose the prayer for transfer of the case.

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. It is held that 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. It is also held that 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 the submissions of learned counsel for the parties and in view of the aforesaid settled principle, this Court is inclined to allow the prayer made by the petitioner.

8. Consequently, the Transfer Petition is allowed and it is ordered that Case bearing Case No.29-A/2025 pending before Family Court Dhamtari be transferred to the Family Court, Raipur (CG) for its trial/disposal in accordance with law.

9. Both the parties shall remain present before the Family Court, Raipur o