Order on Board

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. HMA 1189/2025 under Section 9 of the Hindu Marriage Act pending before Family Court, Raipur to Family Court, Mahasamund.

2. The marriage between the parties was solemnized on 17.02.2022. After some time, the dispute arose between the parties. The respondent/husband, has filed an application against the petitioner under Section 9 of the Hindu Marriage Act before the Family Court, Raipur for restitution of conjugal rights.

3. Learned counsel for the petitioner submits that the wife is presently working as ANM in the Health Department and residing along with her parents and minor daughter at Mahasamund and is facing difficulty in travelling for appearance before the Family Court, Raipur due to the long distance involved. He also submits that the wife has filed a case under the provisions of Domestic Violence Act at Mahasamund. He, therefore, prays for transfer of the said case to Mahasamund for the convenience of the wife to effectively participate in the proceedings.

4. Learned counsel for the respondent opposes the aforesaid prayer and submits that the present transfer petition has been filed just to harass the respondent. He also submits that the respondent/husband is also a Government servant and hence it is difficult for him to travel to Mahasamund time to time. He relies upon the judgment of Supreme Court in the matter of Delma Lubna Coelho Vs. Edmond Clint Fernandes {Transfer Petition (C) No.1475 of 2021 decided on 18.4.2023).

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 Civil Suit No. HMA 1189/2025 pending before the Family Court, Raipur be transferred to the Family Court, Mahasamund 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, Mahasamund on 18.06.2026.