2025:CGHC:59381 NAFR Digitally signed by AVINASH A SH VI A N R A M S A HS D H at A e R : MA HIGH COURT OF CHHATTISGARH AT BILASPUR

2025.12.08

16:03:17 +0530 TPC No. 168 of 2025 Smt. Madhuri Sahu W/o Tejprakash Sahu Aged About 31 Years Permanent Resident Of Kumhari, Housing Board Colony, Ward No. 14, District Durg, C.G., At Present Working As Teacher In Government Middle School Kusmusi, Block Bhaiyathan, District Surajpur, C.G.

... Petitioner.

versus Tejprakash Sahu S/o Ramgulal Sahu Aged About 35 Years R/o Dallirajhara, Ward No. 25, Railway Colony, Police Station Dallirajhara, Tahsil Dondi, District Balod, C.G.

... Respondent.

For Petitioner : Shri Rudranath Mukherjee, Advocate.

For Respondent : Shri Mohit Kumar, Advocate.

Hon'ble Shri Justice Deepak Kumar Tiwari

Order On Board

08/12/2025

1. This Petition has been filed under Section 24 of the Civil Procedure Code, 1908 by the petitioner/wife seeking transfer of Civil Suit No.A-

77/2025 from Family Court, Balod C.G. to Family Court, Durg C.G.

2. The marriage between the parties was solemnized on 01.05.2023. After some time, the dispute arose between the parties. The respondent/husband, has filed an application against the petitioner under Section 13 (1A) of the Hindu Marriage Act before the Family Court Balod C.G. for divorce.

3. Learned counsel for the petitioner submits that the wife is facing difficulties to travel for appearance before the Family Court, Balod C.G. because she has to travel the said Court with her child aged about 1 year and eight months. Learned counsel further submits that application for maintenance for son/child of petitioner is pending before the Family Court, Durg. Therefore, he prays to transfer the said case for the convenience of the wife to participate in the proceedings.

4. Shri Mohit Kumar, Advocate submits that he has filed the Vakalatnama on behalf of the respondent today itself and would oppose the aforesaid prayer made by the petitioner.

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

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 Civil Suit No.A-77/2025 be transferred from Family Court, Balod C.G. to Family Court, Durg C.G. for its trial/disposal in accordance with law.

9. Both the parties are directed to remain present before the Family Court, Durg C.G. on 15.01.2026.