Smt. Anita Yadav Vs Ramprakash Yadav

¶1

1

¶2

2025:CGHC:7264

¶3

NAFR

¶4

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶5

TPC No. 137 of 2024

¶6

1 - Smt. Anita Yadav W/o Ramprakash Yadav Aged About 24 Years D/o Pawan Yadav, R/o Village- Dumarkhola, Po Dabara, Police Out Post And Tahsil - Dabara, Police Station Pasta, District Balrampur-Ramanujganj, Chhattisgarh, Presently Residing At Her Parents Residence At Village Mudesa, Anwara Duggu, P.S. Gandhinagar, Tahsil- Ambikapur, District Surguja (C.G.)

¶7

... Petitioner

¶8

versus

¶9

1 - Ramprakash Yadav S/o Agarsai Yadav Aged About 24 Years R/o VillageDumarkhola, Po Dabara, Police Out Post And Tahsil - Dabara, Police Station Pasta, District Balrampur-Ramanujganj, Chhattisgarh.

¶10

... Respondent

¶11

For Petitioner : Mr. Suryapratap Yuddhveer Singh, Adv. For Respondent : None present, though served.

¶12

¶13

Hon'ble Mr. Justice Naresh Kumar. Chandravanshi

¶14

Order On Board 10-02-2025

¶15

Heard.

¶16

1. Petitioner /wife has preferred this transfer petition under Section 24 of the Civil Procedure Code, 1908 for transfer of Matrimonial Civil Suit No. 17 /2024 (Ramprakash Yadav v. Smt. Anita Yadav) pending before District Judge, Balrampur at Ramanujganj (C.G.) to the Court of Principal Judge, Family Court, Ambikapur, District Surguja (C.G.)

¶17

2

¶18

2. Learned counsel appearing for the petitioner/wife submits that marriage of petitioner/wife was solemnized with the respondent/husband on 11.5.2019. They have been blessed with a female child, aged about 4 year at present. It is submitted that because of harassment meted out to the petitioner/wife by the respondent/ husband, she has been compelled to leave apart from his company, therefore, the petitioner/wife is residing alongwith her old aged parents at Ambikapur since about 3 years. It is next submitted that respondent / husband has filed divorce petition bearing Matrimonial / Civil Suit No. 17 / 2024 before District Judge, Balrampur at Ramanujganj (C.G.), but distance between Ambikapur to Balrampur at Ramanujganj is about 100 kms., being mother of 4 year minor child, it would be difficult for the petitioner to go to Balrampur to attend the hearing of aforesaid civil suit. It is next contended that the application under the provisions of Protection of Women from Domestic Violence Act, 2005 filed by the petitioner/wife bearing R.Cr.C. No. 1368 /2021 is already pending in the court of Judicial Magistrate First Class, Ambikapur, District Surguja against the respondent/husband, therefore, it would not be inconvenient to the respondent/husband, if aforesaid divorce petition is transferred from Family Court, Balrampur at Ramanujganj to Family Court, Ambikapur, hence, it is prayed that this petition may be allowed and Matrimonial / Civil Suit No. 17 / 2024 pending before District Judge, Balrampur at Ramanujganj may be transferred to Principal Judge, Family Court, Ambikapur, District Surguja.

¶19

3. Despite service of notice, neither respondent/husband present nor represented by any counsel.

¶20

3

¶21

4. I have heard learned counsel for the petitioner and perused the material available on record.

¶22

5. Having regard to the fact that distance between Ambikapur to Balrampur at Ramanujganj is about 100 kms., being mother of four year child, it would be difficult for petitioner/wife to travel from Ambikapur to Balrampur at Ramanujganj to attend the hearing of aforesaid civil suit. Further, one Domestic Violence Case bearing R.Cr.C. No. 1368 /2021 filed by the petitioner/wife against the respondent/husband is already pending in the court of Judicial Magistrate First Class, Ambikapur, District Surguja, therefore, therefore, respondent/husband has to go to attend hearing in that case, as such, it would not cause any difficulty to the respondent/husband, if divorce petition filed by the respondent/husband is transferred from Balrampur at Ramanujganj (C.G.) to Ambikapur, District Surguja (C.G.)

¶23

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:-

¶24

"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

¶25

4

¶26

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 .”

¶27

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 -vKishore Babulal Pardeshi [(2005) 12 SCC 237] has observed that the convenience of wife is to be preferred over the convenience of the husband.

¶28

8. Considering the facts 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.

¶29

9. Consequently, the instant transfer petition is allowed. It is ordered that the Matrimonial / Civil Suit No. 17/2024 ( Ramprakash Yadav v. Smt. Anita Yadav) pending before the District Judge, Jagdalpur at Ramanujgan be transferred to the Principal Judge, Family Court, Ambikapur, District Surguja for its trial/ disposal in accordance with law. The District Judge, Jagdalpur at Ramanujganj is directed to transmit the record of the above case to the court of Principal Judge, Family Court, Ambikapur, District Surguja within a period of 15 days.

¶30

10. It is further directed that the Principal Judge, Family Court, Ambikapur, District Surguja is directed to expedite the trial an conclude the

¶31

5

¶32

same expeditiously preferably with a period of four months from the date of receipt of the record from transferring Court.

¶33

11. In view of above order, pending interim application, if any, stands

¶34

disposed of. No order as to costs.

¶35

Sd/-