Chandra Kumar v. Smt. Anita Kumari) pending before the learned Family Court, Korba
Case Details
1 RUKHSAR BANO Digitally signed by RUKHSAR BANO Date: 2025.06.17 11:46:28 +0530 2025:CGHC:24455 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 68 of 2024 1 - Smt. Anita Kumari Wife Of Chandrakumar Aged About 34 Years C/o Father Gopal Prasad Patre, Resident Of Near Santoshi Mandir, Police Station Sirgitti, Bilaspur, Tahsil And Dist. Bilaspur, C.G. ... Applicant/Petitioner versus 1 - Chandra Kumar Son Of Gosai Ram Aged About 44 Years Permanent Resident Of Village Godhi, Police Station Civil Lines, Rampur, Tahsil And Dist. Korba, C.G. At Present Working Place Loco Pilot Railway East Cost Railway, Khurda Road, Bhuvneshwar, Police Station Jatni, Post Khurda, Dist. Khurda (Odisha) (Cause title, as taken from Case Information System) ... Respondent For Applicant/Petitioner For Respondent : :
Legal Reasoning
Mr. Bishnu Muni, Advocate. Mr. Krishna Tandon, Advocate. (Hon’ble Shri Justice Naresh Kumar Chandravanshi) 1. 2. Order On Board 16/06/2025 Heard. The petitioner/wife has filed an instant petition under Section 24 of the Code of Civil Procedure (for short ‘CPC’), 1908 for transfer of Civil Suit No.213A/2023 (Chandra Kumar versus Smt. Anita Kumari) pending before the learned Family Court, Korba, District Korba (CG) to the learned Family Court, Bilaspur District Bilaspur (CG). 3. Learned counsel for the petitioner/wife submits that marriage of 2 petitioner/wife was solemnized with the respondent/husband on 08.07.2010 as per the Hindu custom and rituals, but applicant is unable to deliver child, as such, respondent has left her in her parental place, therefore, she is residing with her parents at Bilaspur. He further submits that applicant/wife has filed an application under Section 9 of the Hindu Marriage Act, 1955 bearing MJC No.116/2024 before the learned Principal Judge, Family Court, Bilaspur, but respondent/husband has filed divorce petition bearing Civil Suit No.213A/2023 before the learned Family Court, Korba. He further submits that one more case under Section 127 of Cr.P.C. is also pending against the respondent/husband, as such, two cases are already pending against him before the learned Family Court, Bilaspur. Learned counsel further submitted that distance between Korba and Bilaspur is about 120 km and there is no male member in the family of applicant except her father, who is old aged person, to accompany her to travel such distance, therefore, being a lady, it would be difficult for her to travel such long distance, whereas if divorce petition is transferred from Korba to Bilaspur, then it would be convenient for respondent /husband also as he has already come to Bilaspur to attend hearing in aforesaid two cases, therefore, it is prayed that application may be allowed and civil suit No.213A/2023 (divorce petition) filed by respondent/husband be transferred from Family Court, Korba to the Family Court, Bilaspur (CG). 4. Per Contra, learned counsel for the respondent/husband while raising his objection would submit that respondent is presently posted at Khurda (Bhuvneshwar), Odisha, therefore, it would be difficult for him to attend hearing in Bilaspur, hence he prays that this application is 3 liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record carefully. 6. Admittedly, the divorce petition filed by the respondent/husband is pending before the Family Court, Korba. Further, to and fro distance between Korba and Bilaspur is about 240 km and as stated by learned counsel for the applicant, there is no male member in the family of applicant except her old aged father to accompany her. Since two cases are already pending against the respondent/husband before the Family Court, Bilaspur i.e. an application under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal right bearing MJC No.116/2024 & another application under Section 127 of Cr.P.C., therefore, if divorce petition is transferred from Family Court, Korba to Family Court, Bilaspur, then it would not cause any difficulty to the respondent, even otherwise respondent has to come to attend hearing at Bilaspur in those cases, as such, it would be convenient for both the parties. 7. Hon'ble Apex Court in N.C.V. Aishwarya Vs. A.S. Saravana Karthik reported in 2022 SCC Online SC 1199 held at para 9 which reads 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 4 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.” 8. Hon'ble Supreme Court in the matter of Sumita Singh Versus Kumar Sanjay and another reported in 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 Versus Kishore Babulal Pardeshi reported in (2005) 12 SCC 237 has observed that the convenience of wife is to be preferred over the convenience of the husband. 9. Considering the aforesaid facts of the case, as discussed in preceding paragraphs and further considering the aforecited case laws, wherein it has been observed that, in transfer of matrimonial cases, the wife's convenience must be looked into, in the considered opinion of this Court, it is a fit case for transfer of the civil suit, as prayed for. 10. Consequently, the instant transfer petition is allowed. It is ordered that the Civil Suit No.213A/2023 (Chandra Kumar versus Smt. Anita Kumari) pending before the Family Court, Korba, District Korba (CG) be transferred to the Family Court, Bilaspur, District Bilaspur (CG) for its trial/disposal in accordance with law. 11. Learned Family Court, Korba (CG) is directed to transmit the record of the aforesaid Civil Suit No. 213A/2023 to the Family Court, Bilaspur, District Bilaspur (CG), within a period of 15 days from the date of receipt/submission of a copy of this order. It is further observed that after receiving the case on transfer, the transferred Court is directed to consider and decide the case as early as possible, preferably within a 5 further period of four months from the date of receipt of the record from the transferring Court. 12. Record of the Court below be sent back forthwith to the Family Court, Korba, District Korba (CG) along with copy of this order.
Decision
13. Pending application(s), if any, stands disposed of. No order as to costs. Sd/- (Naresh Kumar Chandravanshi) Judge Rukhsar