2025:CGHC:55778 Digitally NAFR signed by AVINASH AVINASHSHARMA SHARMA Date:

2025.11.18 10:25:31 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 159 of 2025 Smt. Punam Kujur W/o Shri Aman Khakha, D/o Shri Paulus Kujur Aged About 32 Years Occupation- Government Service, (Lecturer), R/o- Ameri Bilaspur, C.G. Present Address- Bankers Colony, Patpariya, Ambikapur, District Sarguja, C.G.

... Petitioner.

versus Aman Khakha S/o Rajesh Khakha Aged About 33 Years Occupation- Govt. Service, R/o Prempratap Colony, Chandmari Raigarh Tahsil And District-

Raigarh, C.G.

... Respondent.

For Petitioner : Shri Sunil Tripathi, Advocate.

For Respondent : Shri Abhinav Tiwari appears on behalf of Shri Manish Upadhyay, Advocates.

Hon'ble Shri Justice Deepak Kumar Tiwari

Order On Board

17/11/2025

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.F/89- A/2024 from Family Court, Raigarh C.G. to Family Court, Ambikapur, District Surguja, C.G.

2. The marriage between the parties was solemnized on 18.10.2021. After some time, the dispute arose between the parties. The respondent/husband, has filed an application against the petitioner under Section 10 of the Divorce Act, 1869 for decree of divorce before Family Court, Raigarh C.G.

3. Learned counsel for the petitioner submits that it is very difficult for the petitioner to leave her 3 years old child at Ambikapur and travel to Raigarh, which is at a distance of around 200 km and also takes around 5-6 hours to travel from Ambikapur to attend the court proceedings. Moreover, petitioner is a lecturer and it is very difficult to take repeated leaves from her work. Therefore, he prays to transfer the said case for the convenience of the wife to participate in the proceedings.

4. Learned counsel for the respondent would oppose the aforesaid prayer.

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.F/89-A/2024 pending before Family Court, Raigarh C.G. be transferred to Family Court, Ambikapur, District Surguja, C.G. for its trial/disposal in accordance with law.

9. Both the parties are directed to remain present before the transferee court on 15 ^th December, 2025.

10.The respondent/husband w