2025:CGHC:61158 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 177 of 2025 Mamta Thakur W/o Vivekanand Singh Thakur Aged About 53 Years R/o Sector 2, Shivaji Nagar, Professor Colony, P/s Purani Basti, Tehsil And District Raipur, Chhattisgarh ... Applicant.

Digitally signed by AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR versus DWIVEDI, ou=HIGH COURT, o=HIGH COURT OF Vivekanand Singh Thakur S/o Lt. Munjan Singh Thakur Aged About 61 Years At- Ward No.

CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2025.12.16 12 Tendulotha, Bagbahara, P/s And Tehsil Bagbahara, District : Mahasamund, Chhattisgarh

16:57:31 +0530 ... Respondent.

For Applicant : Mr. Girish Sahu, Advocate.

For Respondent : None.

Hon'ble Shri Justice Deepak Kumar Tiwari

Order On Board

16/12/2025

1. This Petition has been filed under Section 24 of the Civil Procedure Code, 1908 by the petitioner/wife seeking transfer of Case bearing Civil Suit No.5A/2025 (Vivekanand Singh Thakur Vs. Mamta Thakur) from the Family Court Mahamsamund to Family Court Raipur (CG).

2. Learned counsel for the applicant submits respondent has preferred an application under Section 13(1)(ia) of the Hindu Marriage Act before the Family Court Mahasamund. He further submits that the respondent himself has deserted the petitioner who is non working lady having no source of income due to which the petitioner is leading a life in paucity. He also submits that the petitioner is 53 years old and it is very painful and difficult to travel to Family Court, Mahasamund to attend each and every hearing of the case as distance between the two courts is too far. Therefore, the case of the respondent may be transferred to Family Court, Raipur for the convenience of the wife to participate in the proceedings.

3. None for the respondent though notice has been served.

4. Heard learned counsel for the applicant and also perused the documents annexed with the petition.

5. 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.

6. Having regard the submissions of learned counsel for the applicant and in view of the aforesaid settled principle, this Court is inclined to allow the prayer made by the petitioner.

7. Consequently, the Transfer Petition is allowed and it is ordered that Civil Suit No.5A/2025 pending before Family Court, Mahasamund be transferred to the Family Court Raipur (CG) for its trial/disposal in accordance with law.

8. Both the parties shall remain present before the Family Court, Raipur on

20.01.2026.

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

10. Pending application, if any, also