Smt. Meera Gupta Vs Chakradhar Gupta

¶1

1

¶2

2025:CGHC:8215

¶3

Digitally signed by AVANISH KUMAR PATHAK Date: 2025.02.18 16:17:52 +0530

¶4

NAFR

¶5

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶6

TPC No. 179 of 2024

¶7

1 - Smt. Meera Gupta W/o Chakradhar Gupta Aged About 32 Years D/o Raghu Pradhan, R/o Village Khamhar, Ps Lailunga, District Raigarh, Chhattisgarh. --- Presently R/o Village Salka, Post Office Salka, Tehsil Udaypur, District Surguja, Chhattisgarh.

¶8

... Applicant

¶9

versus

¶10

1 - Chakradhar Gupta S/o Vidyadhar Gupta Aged About 39 Years R/o Village Khamhar, Ps And Tehsil Lailunga, District - Raigarh, Chhattisgarh.

¶11

... Respondent

¶12

For applicant : Mr. Anurag Singh, Adv. For Respondent : Mr. Atul Kumar Kesharwani, Adv.

¶13

(Hon’ble Mr. Naresh Kumar Chandravanshi, J)

¶14

Order on Board

¶15

17/02/2025

¶16

1 Applicant/wife has preferred this TPC under Section 24 of the Civil Procedure Code (in short 'CPC') for transfer of Civil Suit No. A/31/2024 (Chakradhar Gupta Vs. Smt. Meera Gupta) pending before the District Judge, Gharghoda, Distt. Raigarh (CG) to Family Court, Ambikapur (CG).

¶17

2 Learned counsel for the applicant/wife submits that marriage of applicant/wife and respondent/husband was solemnized on 22-5-2011 and

¶18

2

¶19

they have been blessed with two children i.e. daughter namely Harsihta Gupta, aged about 13 years and son Vedansh Gupta, aged about 10 years. Subsequently, respondent started quarreling with the applicant on demand of dowry, as such, she was compelled to live apart from her matrimonial house and now she is residing at village Salka, Tahsil Udaypur, Distt. Sarguja. The respondent filed divorce petition before the District Judge, Gharghoda, bearing Civil Suit No. A/31/2024, but distance from Ambikapur to Gharghoda is about 160 km and there is no direct connectivity between these two places. Further the applicant is mother of two minor children, who are residing with her, therefore, it would be difficult for her to travel from Ambikapur to Gharghoda to attend court proceedings, hence, the civil suit in question be transferred from the Court of District Judge, Gharghoda to the Family Court, Ambikapur.

¶20

3 On the other hand, learned counsel for the respondent/ husband submits that only because the applicant is a lady, the case cannot be transferred. Distance from Ambikapur to Gharghoda is also not too much. Therefore, instant transfer petition is liable to be dismissed.

¶21

4 Heard learned counsel for the parties and perused the material available in the transfer petition and the relevant provisions.

¶22

5 It is stated that, distance between Ambikapur to Gharghoda is more than 160 Km., two minor children are residing with the applicant and there is no direct bus connectivity between Ambikapur to Gharghoda, therefore, it would be difficult for the applicant to travel 320 km. (up and down) from Ambikapur to Gharghoda along with two minor children.

¶23

3

¶24

6 Hon'ble Apex Court in N.C.V. Aishwarya Vs. A.S. Saravana

¶25

Karthik reported in 2022 SCC Online SC 1199 held at paras 9 which reads

¶26

as under:-

¶27

" 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.”

¶28

7 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 husband.

¶29

8 Considering the aforesaid facts of the case and 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 civil suit, as prayed for.

¶30

4

¶31

9 Consequently, the instant transfer petition is allowed. It is ordered that the Civil Suit No. A/31/2024 (Chakradhar Gupta Vs. Smt. Meera Gupta) pending before the District Judge, Gharghoda, Distt. Raigarh (CG) be transferred to Family Court, Ambikapur (CG) for its trial/disposal in accordance with law.

¶32

10 The District Judge, Gharghoda (C.G.) is directed to transmit the record of the aforesaid case to the Family Court, Ambikapur (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 transferee Court is directed to consider and decide the case as early as possible, preferably within a further period of four months from the date of receipt of the record from the transferring Court.

¶33

11 In view of above order, pending interim application(s), if any, stands disposed of. No order as to costs.

¶34

Sd/-

¶35

(Naresh Kumar Chandravanshi) Judge

¶36

Pathak

Smt. Meera Gupta v. Chakradhar Gupta

Case brief

What is this about?

What did the court decide?

Smt. Meera Gupta v. Chakradhar Gupta

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Anupma Bada Vs Mikki Lakra

Santosh Kumar Vs State of Chhattisgarh

Suresh Singh Vs State of Chhattisgarh

Chhattisgarh Rajya Gramin Bank Vs Sandip Kumar Singh

Smt. Pallavi Chourasiya Vs Sanjay Kumar

Vishwajeet Vs Firatu