Smt. Kiran Nirmalkar Vs Pramod Nirmalkar

Pramod Nirmalkar S/o Shri Paklu Nirmalkar Aged About 28 Years R/o Ward No. 35, Durga Nagar, Birgaon, Thana- Urla, Raipur, Tehsil And District Raipur, Chhattisgarh, Mob. No. 8120091638

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			... Respondent
For Petitioner	:	Mr. Gaurav Singhal, Advocate.
For Respondent	:	Mr. Pragallabh Sharma, Advocate.

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Hon’ble Mr. Justice Naresh Kumar Chandravanshi

Order on Board

14/02/2025

Heard.

1. Petitioner wife has preferred this transfer petition under Section 24 of the Civil Procedure Code, 1908 (henceforth 'CPC') for transfer of HMA No. 719 /2024 (Pramod Nirmalkar vs. Kiran Nirmalkar) pending before Principal Judge, Family Court, Raipur to the Family Court, Bemetara (C.G.)

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2. Learned counsel appearing for the petitioner/wife submits that marriage of petitioner/wife was solemnized with the respondent/husband on 08.12.2019. After marriage, they resided together for about three years and they have been

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blessed with two female children, aged about 5 years & three years, respectively. Subsequently, respondent/husband and his parents started harassing the petitioner and compelled her to reside separately, therefore, she is residing at her parents’ house house at Bemetara alongwith her two infant children. It is further contended that one maintenance case bearing MJC No. 410/2022 filed by the petitioner/wife against the respondent/husband is pending consideration before Family Court, Bemetara, despite that respondent/husband has filed divorce petition bearing HMA No. 719 / 2024 in the Family Court, Raipur, distance between Bemetara to Raipur is about 70 kms. and being mother of two infant children, it would be difficult for petitioner to attend hearing of the aforesaid case at Raipur, therefore, he prayed divorce petition being HMA No. 719 / 2024 may be transferred from Family Court, Raipur to Family Court, Bemetara (C.G.).

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3. Per contra, learned counsel for the respondent/husband submits that respondent/husband is posted at Daily-wager, therefore, if the aforesaid case is transferred from Raipur to Bemetara, then respondent/husband has to face more difficulty than the petitioner/wife and he will also incapable to pay maintenance granted in favour of the petitioner and their daughters and distance is not too much between Raipur to Bemetara, therefore, the transfer petition is liable to be dismissed.

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

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5. It was not disputed by respondent/husband that petitioner/wife is mother of two infant children, aged about 5 years & 3 years, respectively; further one maintenance case is also pending before Family Court, Bemetara, to which, respondent/husband has to go to attend hearing of that case, therefore, if divorce petition bearing HMA No. 719 / 2024 (Pramod Nirmalkar vs. Smt. Kiran

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Nirmalkar) is transferred from Family Court, Raipur to Family Court, Bemetara, then, it would be convenient for both the parties.

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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:-

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"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 .”

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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.

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9. Consequently, the instant transfer petition is allowed. It is ordered that the HMA No. 719 /2024 (Pramod Nirmalkar vs. Kiran Nirmalkar) pending before

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Principal Judge, Family Court, Raipur be transferred to the Family Court, Bemetara (C.G.) for its trial/ disposal in accordance with law. The Principal Judge, Family Court, Raipur is directed to transmit the record of the above case to the court of Family Court, Bemetara within a period of 15 days.

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10. It is further directed that the Family Court, Bemetara (C.G.) is directed to 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.

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

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Sd/-

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(Naresh Kumar Chandravanshi) Judge

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Amit/-

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AMITKUMAR Digitally signedby AMITKUMAR DUBEYDate: DUBEY 2025.02.2111:55:08 +0530

Smt. Kiran Nirmalkar v. Pramod Nirmalkar

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Smt. Kiran Nirmalkar v. Pramod Nirmalkar

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