Abhishek Sharma v. Smt. Shobhana Tiwari) pending before the Family Court, Janjgir
Case Details
1 2025:CGHC:14825 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 18 of 2025 Smt. Shobhana Tiwari, Aged About 32 Years, Wo Abhishek Sharma, Caste Bramhan, R/o Village Nitin Tiwari Ward No. 13, Mohan Nagar, Infront Of Mangal Bhawan, Durg Tahsil And P.S. Durg, District Durg Chhattisgarh versus ... Petitioner Abhishek Sharma S/o Rajesh Aged About 34 Years R/o Village Shivrinarayan, P.S. And Tahsil Shivrinarayan, District Janjgir-Champa Chhattisgarh ... Respondent For Petitioner For Respondent : :
Legal Reasoning
Mr. C.K. Sahu, Advocate. Mr. Gaurav Singhal, Advocate. (Hon’ble Mr. Justice Naresh Kumar Chandravanshi) Order on Board 27/03/2025 Heard. 1. Petitioner/wife has preferred this transfer petition under Section 24 of the Civil Procedure Code, 1908 (henceforth 'CPC') for transfer of Civil Suit No. 18- A/2024 (Abhishek Sharma vs. Smt. Shobhana Tiwari) pending before the Family Court, Janjgir-Champa to Family Court, Durg. 2. Learned counsel appearing for the petitioner/wife submits that marriage of petitioner/wife was solemnized with the respondent/husband on 21.06.2022 at village Shivrinarayan, District Janjgir-Champa as per Hindu Rites and Rituals. Thereafter, they lived together for about seven months at matrimonial place, 2 subsequently, respondent/husband started harassing the petitioner / wife by committing marpeet, as he used to pressurize her to leave her job of ICICI Bank. Because of continuous harassment meted out to her, she compelled to leave apart from her husband, as such, she is residing along with her brother & sister- in-law (HkkHkh) at Durg, where she is doing her job at ICICI Bank. He further submits that respondent / husband has filed divorce petition bearing Civil Suit No. 18-A/2024 (Abhishek Sharma vs. Smt. Shobhana Tiwari) before the Family Court, Janjgir-Champa against the petitioner; distance between Durg to Janjgir- Champa is 180 kms., being a lady, it is difficult for the petitioner/wife to travel alone such a long distance, particularly, because of her job at ICICI Bank. He further submits that the petitioner/wife has filed maintenance case under Section 144 of the BNSS before the Family Court, Durg bearing MJC Case No. 269/2025, in which, the respondent / husband has to enter his appearance, therefore, if the divorce petition filed by respondent / husband in Family Court, Janjgir-Champa is transferred to Family Court, Durg, then it would be convenient for him also, as he can attend hearing in both the cases at Durg Court. Therefore, it is prayed that Civil Suit No. 18-A/2024 (Abhishek Sharma vs. Smt. Shobhana Tiwari) pending before the Family Court, Janjgir-Champa be transferred to Family Court, Durg. 3. Per contra, learned counsel appearing for the respondent / husband submits that the petitioner/wife herself does not want to carry on their marital life, as she does not want to live in joint family of the respondent / husband. He further submits that there is direct train connectivity between Janjgir-Champa and Durg and the the petitioner is educated working lady, therefore, no cogent ground has been mentioned to transfer the Civil Suit No. 18-A/2024 from the Family Court Janjgir-Champa to Family Court, Durg, hence, the transfer petition is liable to be dismissed. 3 4. I have heard learned counsel for the parties and perused the material available on record. 5. The distance between Janjgir-Champa to Durg is said to be 360 kms to and fro by train. Though there is train facility between these two places, but having considered the long distance, it can be supposed that it would be difficult for petitioner/wife to travel such a long distance. Further, one case has already been filed by the petitioner/wife against the respondent for grant of maintenance bearing MJC No. 269 of 2025 at Family Court, Durg, hence, respondent/husband has to go to attend the hearing of the aforesaid case at Family Court, Durg, therefore, if the divorce case bearing Civil Suit No. 18- A.2024 (Abhishek Sharma Vs. Smt. Shobhana Tiwari) is transferred from Family Court, Janjgir-Champa to Family Court, Durg, then, it would be convenient for respondent/husband also, as he could attend hearing in both the case in Durg Court. 6. In the matter of N.C.V. Aishwarya Vs. A.S. Saravana Karthik (2022 SCC Online SC 1199), their Lordships of the Supreme Court has held as under:- "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.” 4 7. Hon'ble Supreme Court in the matter of Sumita Singh -v- Kumar Sanjay and another [(2001) 10 SCC 41] has observed that if husband files suit against wife, then convenience of wife must be looked into. Hon'ble Supreme Court in the matter of Rajani Kishor Pardeshi -v- Kishore Babulal Pardeshi [(2005) 12 SCC 237] has observed that the convenience of wife is to be preferred over the convenience of the husband. 8. Considering the fact situation of the case, which has been observed in preceding paragraphs of his order and in light of the principles of law laid down by the Apex Court in aforecited cases; it is a fit case for transfer of the civil suit, as prayed for. 9. Consequently, the instant transfer petition is allowed. It is ordered that the Civil Suit No. 18-A/2024 (Abhishek Sharma vs. Smt. Shobhana Tiwari) pending before the Family Court, Janjgir-Champa be transferred to Family Court, Durg for its trial/ disposal in accordance with law. The Family Court, Janjgir-Champa is directed to transmit the record of the above case to the Family Court, Durg within a period of 15 days. 10. It is further directed that that Family Court, Durg, District Durg shall expedite the trial and conclude the same expeditiously preferably within period of four months from the date of receipt of the record from transferring Court. 11. In view of above order, pending interim application, if any, stands
Decision
disposed of. No order as to costs. Sd/- (Naresh Kumar Chandravanshi) Judge Amit/- AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.04.01 13:08:56 +0530 5