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Chattisgarh High Court
Smt. Bhavana Singh vs Mahendra Singh on 4 July, 2025
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RAVI
SHANKAR
MANDAVI
Digitally signed by
2025:CGHC:30439
RAVI SHANKAR
MANDAVI
Date: 2025.07.07
11:56:39 +0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
TPC No. 83 of 2025
1 - Smt. Bhavana Singh D/o Gulab Singh Aged About 34 Years
Occupation - Homemaker R/o Jainagar Ward No. 3 Babupara, P.S.
Jainagar District Surajpur Chhattisgarh.
... Petitioner
versus
1 - Mahendra Singh S/o Rajkapoor Singh Aged About 34 Years By
Caste - Shatriya R/o Village Ward No. 10 Post Office Line Charcha
Qua.No. 145 P.S. Charcha Tahsil Baikunthpur District Koriya
Chhattisgarh.
... Respondent
(Cause title taken from Case Information System)
For Petitioner : Mr. Dev Ashish Biswas, Advocate.
For Respondent : Mr. Pushkar Sinha, Advocate.
Hon’ble Shri Justice Naresh Kumar Chandravanshi
Order on Board
04/07/2025
1. Heard.
2. The petitioner/wife has filed the instant petition under Section 24
of the Code of Civil Procedure (for short ‘CPC‘) for transfer of Civil
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Case bearing No.21A/2025 (Mahendra Singh Versus Smt.
Bhavana Singh) pending before the Principal Judge, Family
Court, Baikunthpur, District Koriya (C.G.) to the Principal Judge,
Family Court, Surajpur, District Surajpur (C.G.).
3. Learned counsel for the petitioner submits that marriage of
petitioner/wife was solemnized with the respondent/husband on
11.05.2018 as per the Hindu rites and rituals, thereafter, they have
been blessed with a female child, aged about 6 years at present.
After marriage, petitioner was residing with her
husband/respondent at Kondagaon, where he was posted as
teacher. Respondent/husband used to harass the petitioner on
demand of dowry and also on various counts, as such, she has
been compelled to live apart with her parents at Surajpur. He
further submit that respondent/husband has filed a diverse petition
bearing Civil Suit No.21A/2025 (Mahendra Singh Versus Smt.
Bhavana Singh) pending before the Principal Judge, Family
Court, Baikunthpur, District Koriya (C.G.). Distance between
Baikunthpur to Surajpur is about 40 Kms, but two cases i.e.
domestic violence case bearing nomenclature Criminal MJC
No.105/2025 and Civil Suit No.35A/2025 for custody of daughter
respectively are pending against the respondent/husband before
Surajpur Court in which the respondent-husband has entered his
appearance. He further submits that though distance between
Baikunthpur to Surajpur is only 40 Kms but since two cases are
already pending at Surajpur Court against the respondent-
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husband, therefore, it would be convenient for him also to attend
hearing at Surajpur, if diverse petition bearing No.21A/2025
(Mahendra Singh Versus Smt. Bhavana Singh) is transferred from
the Family Court, Baikunthpur, District Koriya (C.G.) to Family
Court, Surajpur, District Surajpur. Hence, he prayed that the
application may be allowed.
4. Per Contra, learned counsel for the respondent would submit that
the distance between Baikunthpur and Surajpur is only 40 kms
and there is direct road connectivity between two places. Learned
counsel for the respondent further submits that presently
respondent is posted at Raipur and their daughter is also residing
with him at Raipur, therefore, transferring of diverse petition from
Baikunthpur to Surajpur will cause more difficulty to the
respondent than the petitioner, hence, he prayed that prayer
made in this petition may be rejected.
5. I have heard learned counsel for the parties and perused the
material available on record.
6. Though, distance between Baikunthpur to Surajpur is said to be
only 40 Kms, but two cases are already pending against
respondent-Husband before Surajpur Court in which the
respondent-husband has entered his appearance, therefore, if
divorce petition filed by the respondent-Husband is transferred
from Baikunthpur to Surajpur, then it would be beneficial for
respondent-Husband also as he can attend in all three cases
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before the Surajpur Court.
7. Hon’ble Apex Court in the case of N.C.V. Aishwarya Vs. A.S.
Saravana Karthik reported in 2022 SCC Online SC 1199 held at
paras 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 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
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husband.
9. Considering the aforesaid facts of the case that two cases are
pending against the respondent-husband, also considering the
distance between aforesaid two places 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 divorce petition, as prayed for.
10. Consequently, the instant transfer petition is allowed. It is ordered
that the diverse petition bearing No.21A/2025 (Mahendra Singh
Versus Smt. Bhavana Singh) pending before the Principal Judge,
Family Court, Baikunthpur, District Koriya (C.G.) be transferred to
the Principal Judge, Family Court, Surajpur, District Surajpur
(C.G.). for its trial/disposal in accordance with law.
11. The the Principal Judge, Family Court, Baikunthpur, District Koriya
(C.G.) is directed to transmit the record of the aforesaid divorce
petition bearing Case No.21A/2025 (Mahendra Singh Versus Smt.
Bhavana Singh) to the Principal Judge, Family Court, Surajpur,
District Surajpur (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 transferred Court is
directed to consider and decide the case expeditiously, preferably
within a further period of four months from the date of receipt of
the record from the transferring Court.
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12. Both the parties are also directed to cooperate with the
proceedings of the Family Court, Surajpur for expeditious disposal
of the case.
13. In view of above order, pending interim application(s), if any,
stands disposed of. No order as to costs.
Sd/-
(Naresh Kumar Chandravanshi)
Judge
Ravi Mandavi
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