Chattisgarh High Court
Smt. Abhidha Gupta vs Aditya Gupta on 14 July, 2025
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2025:CGHC:32726
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
TPC No. 97 of 2025
1 - Smt. Abhidha Gupta W/o Aditya Gupta Aged About 30 Years R/o C/o Shri
Arvind Gupta, Ward No. 1, Near Mela Ground, P.S.- Rajim, Distt.- Gariyaband
(C.G.)
... Petitioner
versus
1 - Aditya Gupta S/o Late Ashok Gupta Aged About 30 Years R/o Marwadi
Lines, Khaparganj Teh And Distt.- Bilaspur (C.G.)
... Respondent
For Petitioner : Ms. Ruchi Nagar, Advocate. For Respondent : None present, though served.
Hon’ble Mr. Justice Naresh Kumar Chandravanshi
Order on Board
14/07/2025
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. 34-A / 2025 (Aditya Gupta vs. Smt. Abhidha Gupta) pending before the
Principal Judge, Family Court, Bilaspur, District Bilaspur to District &
Sessions Court, Gariyaband, District Gariaband.
2. Learned counsel appearing for the petitioner/wife submits that marriage
of petitioner/wife was solemnized with the respondent/husband on 22.11.2019
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at Rajim, District Gariyaband (C.G.) as per Hindu custom and rituals. She
further submits that because of harassment meted out to the applicant/ 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
Rajim, District Gariaband. She also submits that the petitioner /wife has filed
one criminal case bearing Criminal Case No. 463 / 2024 under Section
498-A, 294, 323 & 34 of the IPC and another case under Section 12 of
Protection of Women from Domestic Violence Act, 2005 bearing Misc.
Criminal Case No. 25/2025 against the respondent/husband, which are
pending before the Judicial Magistrate First Class, Rajim, District Gariyaband.
He submits that respondent/husband has filed divorce case bearing Civil Suit
No. 34-A/2025 before the Judge, Family Court, Bilaspur, District Bilaspur
(C.G.) only to harass to the petitioner/wife. It is submitted distance between
Bilaspur to Rajim, District Gariyaband is about 380 kms. to and fro, therefore,
being a lady, it would be difficult for her to travel from Rajim, District
Gariaband to Bilaspur to attend the hearing of divorce case, therefore, it is
prayed that Civil Suit No. 34-A/2025 filed by respondent/husband may be
transferred from Family Court, Bilaspur, District Bilaspur to District & Sessions
Court, Gariaband, District Gariaband (C.G.).
3. Despite service of notice, none present on behalf of the
respondent/wife to represent the case.
4. I have heard learned counsel for the parties and perused the material
available on record.
5. The ground taken for the transfer of divorce case is that one criminal
case and one domestic violence case filed by the petitioner / wife in respect
of both the parties are pending before the Judicial Magistrate First Class,
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Rajim, District Gariaband, therefore, it would be convenient for both the
parties, if divorce case bearing Civil Suit No. 34-A/2025 filed by respondent /
husband before the Family Court, Bilaspur, District Bilaspur, be transferred to
District & Sessions Court, Gariyaband, District Gariyaband, 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 Gariyaband.
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
Pardeshi [(2005) 12 SCC 237] has observed that the convenience of wife is
to be preferred over the convenience of the husband.
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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. 34-A / 2025 pending before Principal Judge, Family Court,
Bilaspur be transferred to the District & Sessions Court, Gariyaband, District
Gariyaband 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 District & Sessions Court, Gariyaband, District Gariyaband within a period
of 15 days.
10. It is further directed that the District & Sessions Court, Gariyaband,
District Gariyaband 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. Pending interim application, if any, stands disposed of. No order as to
costs.
Sd/-
(Naresh Kumar Chandravanshi)
Judge
Amit/-
Digitally signed
AMIT by AMIT
KUMAR DUBEY
KUMAR Date:
DUBEY 2025.07.17
17:46:25 +0530
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JUDGEPSName
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