Pooja Jaiswal v. Abhishek Jaiswal

Abhishek Jaiswal S/o Shri Anand Jaiswal Aged About 34 Years R/o Durga Nagar, Behind Sapna Talkies, Power House Chowk, Bhilai, Distt. Durg, Chhattisgarh. --- Respondent For applicant For Respondent Mr. Vikas Patel, Adv. Mr. Aman Tamrakar, Adv. : : (Hon’ble Mr. Naresh Kumar Chandravanshi, J) Order on Board 18-6-2026 1 Applicant/wife has preferred this TPC under Section 24 of the Civil Procedure Code (in short 'CPC') for transfer of Civil Suit No. A/27/2026 (Abhishek Jaiswal Vs. Pooja Jaiswal) pending before the Principal Judge, Family Court, Durg, Distt. Durg (CG) to Family Court, Bastar, at Jagdalpur (CG). 2 Learned counsel for the applicant/wife submits that marriage of 2 applicant/wife and respondent/husband was solemnized on 18- 1-2025. The applicant resided in her matrimonial home for about 10 to 15 days, thereafter respondent and his family members started harassing her and subjected her to mental as well as physical cruelty, therefore, she is residing along with her parents at Jagadalpur. Thereafter, the respondent has filed an application under Section 9 of the Hindu Marriage Act against the applicant before the Family Court, Durg bearing Civil Suit No. A/27/2026, for transfer of which, instant case has been filed. He further submits that, distance between Jagdalpur to Durg is about 600 km up and down and it would be difficult for her to travel such a long distance for attending court proceeding at Durg. He further submits that one maintenance case filed by the applicant against the respondent is already pending before the Family Court, Jagdalpur, in which, notice has also been issued to him. Therefore, if the civil suit is transferred from Durg to Jagdalpur, then it would be convenient for respondent also as he can attend hearing of both the cases there. Hence, it is prayed that this TPC may be allowed. 3 On the other hand, learned counsel for the respondent/ husband submits that though distance between Jagdalpur to Durg is 600 KM up and down, but there is direct bus connectivity between aforesaid two places. He further submits that, the respondent 3 has not received any notice in the maintenance case and only on account of pendency of maintenance case at Jagdalpur, the civil suit ought not be transferred. 4 Heard learned counsel for the parties and perused the material available in the transfer petition and the relevant provisions. 5 The applicant is residing at Jagdalpur with her parents. It is stated that, distance between Jagdalpur to Durg is about 600 km up and down therefore, being a lady, it would be difficult for the applicant to travel such a long distance to attend court proceedings at Durg. One maintenance case bearing MJC No. 71/2026 filed by the applicant is also pending consideration before Famiy Court, Jagdalpur in which notice has been issued to respondent, copy of order sheet has also been filed by the applicant, therefore, respondent has to go to Jagdalpur to attend court proceeding. In that view of the matter, if civil suit is transferred from Durg to Jagdalpur, then it would be conviennt for respondent also as he may attend hearing in both the cases. 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 4 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.” 7 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. 8 Considering the aforesaid facts of the case and 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. 9 Consequently, the instant transfer petition is allowed. It is ordered that the Civil Suit No. A/27/2026 (Abhishek Jaiswal Vs. Pooja Jaiswal) pending before the Family Court, Durg (CG) be 5 transferred to Family Court, Bastar at Jagdalpur (CG) for its trial/disposal in accordance with law. 10 The Principal Judge, Family Court, Durg is directed to transmit the record of the aforesaid case to the Family Court, Bastar at Jagdalpur (C.G.) within a period of 15 days from the date of receipt/submission of copy of this order. It is further observed that after receiving the case on transfer, the transferee Court shall consider and decide the case as early as possible, preferably within a further period of four months from the date of receipt of the record from the transferor Court. 11 In view of above order, pending interim application(s), if any, stands disposed of. No order as to costs. Sd/- (Naresh Kumar Chandravanshi) Judge Pathak