Nafr High Court
Case Details
1 2025:CGHC:46578 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 128 of 2025 Smt Rani Gupta (Rani Gosai After Marriage) W/o Shri Damodar Gosai Aged About 22 Years Permanent Address- Bajrang Tekri, Post Tata Nagar, P.S. Bagbera Purvi, District Singhbhum, Jharkhand, Currently Residing At Ward No. 02, Tulsi Nagar, Tahsil And District Korba, Chhattisgarh (Address Incorrectly Mentioned In The Cause Title Before Learned Family Court, Bilaspur In C.S. No. 167-A /25) ... Petitioner versus
Legal Reasoning
Damodar Gosai Alias Sonu Gosai S/o Shri Gurusharan Gosai Aged About 27 Years R/o Makan No. 2641, Ward 07, Sai Mandir, Radha Swami, Tifra, Industrial Estate, Thana Sirgitti, Bilaspur, District Bilaspur, Chhattisgarh ... Respondent { Cause title, as taken from Case Information System} For Petitioner For Respondent : : Mr. Mayank Kumar, Advocate. Mr. A.D. Kuldeep, Advocate. (Hon’ble Mr. Justice Naresh Kumar Chandravanshi) Order on Board 11/09/2025 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. 167-A/2025 (between Damodar Gosai Vs. Smt. Rani Gupta) pending before Family Court, Bilaspur, District Bilaspur (C.G.) to Family Court, Korba, District Korba (C.G.) 2 2. Learned counsel appearing for the petitioner/wife submits that marriage of petitioner/wife was solemnized with the respondent/husband on 11.07.2024 at Bilaspur as per Hindu rites, customs and rituals. He further submits that because of harassment meted out to the petitioner/ wife by respondent / husband in connection with demand of dowry, she has been compelled to live apart, therefore, she is residing along with her parents at Korba. He next submits that the petitioner/ wife has filed an application under Section 144 of the B.N.S.S., 2023 seeking maintenance against the respondent/husband; another case under Protection of Women from Domestic Violence Act, 2005 bearing Criminal (MJC) Case No. 56/2025 filed by the petitioner/wife and also one criminal case No. 4043/2025 filed by the petitioner/wife under Section 85 read with Section 3 (5) of the BNS, 2023 are pending in the Court of Korba against the respondent/husband. He submits that respondent/husband has filed divorce case bearing Civil Suit No. 167-A/2025 before the Principal Judge, Family Court, Bilaspur, District Bilaspur (C.G.) only to harass the petitioner/wife. It is submitted distance between Bilaspur to Korba is about 180 kms. to and fro, therefore, being a lady, it would be difficult for her to travel from Korba to Bilaspur to attend the hearing of divorce case, therefore, it is prayed that Civil Suit No. 167-A/2025 filed by respondent/husband may be transferred from Family Court, Bilaspur to Family Court, Korba. 3. Per contra, learned counsel appearing for the respondent / husband submits that though distance between Korba to Bilaspur is about 90 kms. , but there is direct connectivity via train or bus between these two places, hence, it would not be difficult for petitioner/wife to travel such long distance, hence, the instant petition is liable to be dismissed. 4. I have heard learned counsel for the parties and perused the material available on record. 3 5. The ground taken for the transfer of divorce case is that one maintenance case, one domestic violence case and one criminal case filed by the petitioner / wife in respect of both the parties are pending before the Court at Korba, therefore, it would be convenient for both the parties, if divorce case bearing Civil Suit No. 167-A/2025 filed by respondent / husband before the Family Court, Bilaspur, District Bilaspur, be transferred to Family Court, Korba rather it would not cause any difficulty for the husband, as he has to go in the hearing of aforesaid two cases filed by the petitioner/wife in the Court at Korba. 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.” 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 4 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. 167-A /2025 pending before learned Family Court, Bilaspur (C.G.) be transferred to the Family Court, Korba, District Korba for its trial/ disposal in accordance with law. Principal Judge, Family Court, Bilaspur is directed to transmit the record of the above case to the Family Court, Korba within a period of 15 days. 10. It is further directed that the Family Court, Korba 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.
Decision
Pending interim application, if any, stands disposed of. No order as to costs. Amit/- AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.09.16 11:57:36 +0530 Sd/- (Naresh Kumar Chandravanshi) Judge 5