Order on Board

1. This petition has been filed under Section 24 of the Code of Civil Procedure, 1908 by the petitioner/wife seeking transfer of Civil Suit No. F-232-A/2025, an application under Section 13 (i-a) of the Hindu Marriage Act, 1955, pending before the Family Court, Raigarh to the Court of learned Additional District Judge, Gharghoda, District Raigarh (C.G.).

2. The marriage between the parties was solemnized on 29.04.2007 in accordance with Hindu rites and rituals. Out of the wedlock, one daughter, aged about 13 years, was born, who is presently residing with the petitioner/wife. Due to matrimonial discord, the respondent/husband has filed a petition under Section 13 (i-a) of the Hindu Marriage Act before the Family Court, Raigarh, which is pending consideration.

3. Learned counsel for the petitioner submits that the petitioner is presently residing at Tamnar along with her minor daughter and aged parents and is working as a teacher. It is contended that she is facing great difficulty in attending the proceedings at Raigarh due to the distance of about 42 kilometers, which requires considerable travel time and expense on each date of hearing. It is further submitted that it is difficult for her to frequently obtain leave from her employment and to leave behind her minor child and aged parents unattended. It is also submitted that if the case is transferred to Gharghoda, the distance would be substantially reduced, making it convenient for the petitioner to effectively participate in the proceedings.

4. Learned counsel for the respondent opposes the prayer for transfer and submits that the respondent is also facing inconvenience and the petition has been filed only to delay the proceedings.

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 facts and circumstances of the case, particularly considering that the petitioner is residing with her minor daughter and aged parents and is a working woman, this Court finds that she would face considerable hardship in attending the proceedings at Raigarh. The distance involved, coupled with her responsibilities and employment, makes it difficult for her to effectively participate in the proceedings.

8. On the other hand, no exceptional circumstance has been shown by the respondent so as to outweigh the inconvenience faced by the petitioner.

9. In view of the above, this Court finds merit in the petition and is inclined to allow the same.