Smt. Kajal Deshlahre v. Rakesh Bhardwaj

Smt. Kajal Deshlahre W/o Shri Prahlad Deshlahre Aged About 26 Years R/o Village Dord P.S. Jamul Tahsil And District- Durg (C.G.) Presently R/o At Posted As Constable Batch No. 610 P.S. Pipariya District- Kabirdham (C.G.) Versus ... Petitioner. Rakesh Bhardwaj S/o Dilip Kumar Aged About 30 Years R/o Village Khorsi Post Tikari Tahsil And P.S. Masturi District - Bilaspur (C.G.) Presently Posted At Constable Batch No. 1002 Police Line Kabirdham District - Kabirdham (C.G.) ... Respondent. For Petitioner For Respondent : : Mr. Aman Kesharwani, Advocate. None. Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 08/01/2026

This Petition has been filed under Section 24 of the Civil Procedure Code, 1908 by the petitioner/wife seeking transfer of Case No.865/2024 (Rakesh Bhardwaj Vs. Kaja Deshlahre) from the Family Court, Bilaspur to Family Court Kabirdham (CG).

The marriage between the parties was solemnized on 24.07.2022. After some time, the dispute arose between the parties, due to which, the petitioner started residing at her parental house. Subsequently, the respondent/husband has filed 2 an application under Section 13 (A) of the Hindu Marriage Act before the Family Court, Bilaspur for divorce and the petitioner is seeking transfer of said case to Family Court, Kabirdham.

Learned counsel for the petitioner submits that it is very painful and difficult to travel to Family Court, Bilaspur to attend each and every hearing of the case as distance between the two courts is too far. He also submits that as per information received both the parties are rendering their Govt. services at Kabirdham. Therefore, the case of the respondent may be transferred to Family Court, Kabridham for the convenience of the wife to participate in the proceedings.

Heard learned counsel for the applicant and also perused the documents annexed with the petition.

In the matter of N.C.V. Aishwarya Vs. A.S. Saravana Karthik (2022 SCC Online SC 1199) the Hon’ble Supreme Court has observed that generally it is wife’s convenience which must be looked at while considering transfer. It is held that 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. It is also held that when two or more proceedings are pending in different Courts between the same parties 3 which raise common question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions.

Having regard the submissions of learned counsel for the parties and in view of the aforesaid settled principle, this Court is inclined to allow the prayer made by the petitioner.

Both the parties shall remain present before the Family Court, Kabirdham on 25.03.2026.

The respondent/husband would be at liberty to participate in the proceedings through video conferencing/virtually unless otherwise directed by the concerned Court.

Pending application, if any, also stand disposed of. Ajay Judge Sd/- (Deepak Kumar Tiwari) /-Sd/-