Smt. Nishi Tiwari W/o Shri Chandrakant Tiwari Aged About 29 Years R/o Ashwani Nagar v. Shri Chandrakant Tiwari S/o Shri Krishnanagar Tiwari Aged About 39 Years R/o House No
Case Details
-1- 2025:CGHC:633 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 200 of 2024 Smt. Nishi Tiwari W/o Shri Chandrakant Tiwari Aged About 29 Years R/o Ashwani Nagar, Behind Ravi Construction Raipur, District Raipur Chhattisgarh. ... Petitioner versus Shri Chandrakant Tiwari S/o Shri Krishnanagar Tiwari Aged About 39 Years R/o House No. 242, Bramhanpara, Khatola, Akaltara, Tehsil And District Janjgir Champa Chhattisgarh. ... Respondent For Applicant :
Legal Reasoning
Ms. Priyanka Rai Mishra, Advocate For Respondent : Mr. Pradeep Kumar Jogi, Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 06/01/2025 Heard on admission. 1. Petitioner/wife has filed this Transfer Petition under Section 24 of Cr.P.C. for transfer of Civil Suit No.62-A/2024 between Chandrakant Tiwari Vs. Smt. Nishi Tiwari, from Family Court Janjgir, District Janjgir-Champa to Family Court, Raipur, District - Raipur. Digitally signed by PRAVEEN KUMAR SINHA 2. Learned counsel for the petitioner submits that the parties got married on 30.05.2023 at Raipur. After some time of marriage, in the name of demand of dowry, petitioner was ill-treated, she was -2- harassed physically and mentally. She was ousted from her matrimonial house. Though the petitioner and her family members made lots of efforts to convince the respondent but he denied to live with the petitioner. This led to filing of an application under Section 125 of Cr.P.C. seeking grant of maintenance before the Family Court, Raipur which was registered as MCC No.616/2024 (Annexure P-1). Petitioner also made an application before Mahila Thana, Raipur for conciliation, however, despite several notices issued, respondent did not come to attend the conciliation proceedings. Thereafter, report under Section 498-A, 34 of IPC was lodged against the respondent under Crime No.53 of 2024 at Police Station -Raipur (Annexure P-2). She submits that only to harass the petitioner, with malafide intention, respondent has filed an application under Section 9 of the Hindu Marriage Act, 1955 (Annexure P-3) before Family Court, Janjgir. At present, petitioner is residing at Raipur with her old aged parents Petitioner is a woman and housewife. No other family member is available to accompany the petitioner to travel from Raipur to Janjgir Champa to attend the Court proceedings at Family Court, Janjgir. As the two proceedings are already pending against respondent at Raipur, proceeding under Section 9 of the Hindu Marriage Act,1955 may also be transferred to Raipur. 3. On the other hand, learned counsel for the respondent opposed the submission made by learned counsel for the petitioner. 4. I have heard learned counsel for the parties and perused the -3- documents placed on record. 5. Perusal of the documents enclosed along with this petition would show that the petitioner has filed copy of order (Annexure P-1) passed by the Family Court Raipur, granting interim maintenance of Rs.15,000/- per month to the petitioner. Annexure P-2 is the copy of FIR registered against the respondent and his other family members under Sections 498-A, 34 of IPC at Mahila Thana, Raipur. 6. Annexure P-3 is an application under Section 9 of the Hindu Marriage Act, 1955 filed by the respondent/husband on 15.03.2024 for restitution of conjugal rights which is pending in the Family Court Janjgir, District Janjgir Champa. The distance from Raipur to Janjgir is 153 km approx. Petitioner being the lady and as stated there is no other member to accompany her, therefore, it would be very difficult for her in travelling from Raipur to Janjgir, District Janjgir-Champa. 7. Convenience of the wife to attend the case is also one of the consideration at the time of deciding transfer petition. On the other hand as per documents placed on record, the respondent is already appearing before the Family Court at Raipur in the proceedings for grant of maintenance filed by petitioner against him. Proceedings under Section 498-A, 34 is also pending against him at Raipur. Therefore, it would be convenient for both the parties, if the case filed by respondent/husband under Section 9 of the Hindu Marriage Act, 1955 for restitution of -4- conjugal rights is transferred from the Family Court Janjgir to Family Court, Raipur, it would not cause any difficulty to respondent/husband, as he is already appearing before the Court at Raipur in the proceedings filed by petitioner/wife. 8. Hon’ble Supreme Court in case of of N.C.V. Aishwarya Vs. A.S. Saravana Karthik reported in 2022 SCC Online SC 1199, 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.” 9. Hon'ble Supreme Court in the matter of Sumita Singh Vs. 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 Vs Kishore Babulal Pardeshi, reported in (2005) 12 SCC 237 has -5- observed that the convenience of wife is to be preferred over the convenience of the husband. 10.Considering the facts and circumstances of the case and in light of the of law laid down by the Hon’ble Supreme Court, in the opinion of this Court it is a fit case for transfer of the case as prayed for by petitioner/wife. 11. Accordingly, this transfer petition is allowed. It is ordered that Civil Suit No.62-A/2024 (Chandrakant Tiwari Vs. Smt. Nishi Tiwari), pending before the Family Court, Janjgir, District Janjgir Champa, shall be transferred to the Family Court, Raipur. 12.The Family Court, Janjgir, District – Janjgir -Champa is directed to transfer the record of the above case to the Family Court, Raipur forthwith. Parties are directed to appear before the Family Court, Raipur on 6th February 2025. 13.The learned Family Court, Raipur will make all endevour to conclude the proceedings of the case at the earliest subject to cooperation by the parties. 14.Registry of this Court is directed to forward the copy of this order to the Family Court Janjgir, District Janjgir-Champa for necessary action and compliance. (Parth Prateem Sahu) Judge Sd/--/---/-/- Praveen