Smt. Anita Kashyap Vs Pankaj Kashyap

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2025:CGHC:7279

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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TPC No. 1 of 2025

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Smt. Anita Kashyap W/o Pankaj Kashyap Aged About 23 Years S/o Shri Ganesh Ram Kashyap R/o Village- Bhavtara, Police Station- Shivri Narayan, Tehsil - Pamgarh, District- Janjgir-Champa (C.G.)

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... Petitioner

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versus

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Pankaj Kashyap S/o Late Nekram Kashyap Aged About 24 Years R/o Panjari Plot, Ward No.28, Police Station - Chakradhar Nagar, Raigarh, District - Raigarh (C.G.)

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... Respondent

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For Petitioner : Mr. Harshwardhan Agrawal, Advocate. For Respondent : Mr. Shashank Upadhyaya, Advocate.

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Hon'ble Mr. Justice Naresh Kumar. Chandravanshi

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Order On Board 10-02-2025

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Heard.

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1. Petitioner wife has preferred this transfer petition under Section 24 of the Civil Procedure Code, 1908 for transfer of Civil Suit No. F 232 A / 2024 (Pankaj Kashyap Vs. Smt. Anita Kashyap) pending before the Judge, Family Court, Raigarh (C.G.) to the Family Court at Janjgir-Champa (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 26.01.2023 at village Bhavtara, Tehsil – Pamgarh, District Janjgir-Champa (C.G.), but after 8

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months of marriage, respondent/husband started harassing her physically and mentally, he also used to assault her and compelled her to leave apart from him, therefore, petitioner/wife is residing alongwith her parents at village Bhavtara, Police Station -Shivrinaryaan, Tehsil – Pamgarh, District Janjgir-Champa. It is further contended that respondent / husband has filed an application under Section 12(1)(c) of the Hindu Marriage Act, 1955 for nullity of marriage before Principal Judge, Family Court, Raigarh. He further submits that distance from Raigarh to village Bhavtara (residential place of petitioner) is about 70 kms. and there is no direct connectivity between aforesaid two places. It is further submitted that an application under Section 125 of the Cr.P.C. (Annexure P-1) seeking maintenance filed by the petitioner/wife against the respondent/husband is already pending in the court of Principal Judge, Family Court, Janjgir-Champa and Janjgir-Chama is only 60 kms. far from the village Bhavtara, therefore, it would be difficult for the petitioner/wife to go to Raigarh to attend hearing of the case, rather since one maintenance case is already pending against the respondent/ accused in Family Court, Janjgir-Champa, therefore, it would not be difficult for him to come to attend the case at Janjgir-Champa, if Civil Suit bearing No. F 232 A/2024 is transferred from Principal Judge, Family Court, Raigarh to the court of Family Court, Janjgir-Champa.

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3. On the other hand, counsel for the respondent / husband submits that the petitioner / wife has filed application under Section 24 of the Hindu Marriage Act, 1955 for pendent lite maintenance Ibefore Family Court, Raigarh in the aforesaid civil suit. He further submits that the petitioner/wife has threatened the respondent/husband that he will face consequences, if he did not withdraw the Civil Suit No. F 232 A/2024 filed by him in the Family Court, Raigarh, 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 counsel for the respondent / husband that distance between village Bhavtara (residential place of petitioner) & Raigarh is about 70 kms. And and Janjgir-Chama is only 60 kms. far from the village Bhavtara and further one maintenance case (Annexure P-1) is already pending before Family Court, Janjgir-Champa, therefore, if Civil Suit No. F 232 A / 2024 (Pankaj Kashyap Vs. Smt. Anita Kashyap) is transferred from Family Court, Raigarh (C.G.) to the Family Court at Janjgir-Champa (C.G.), then it would not cause any difficulty to the respondent/husband, as otherwise also he has come to Janjgir-Champa to attend hearing of the maintenance case filed the petitioner/wife.

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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

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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 Civil Suit No. F 232 A / 2024 (Pankaj Kashyap Vs. Smt. Anita Kashyap) pending before the Principal Judge, Family Court, Raigarh (C.G.) be transferred to the Family Court at Janjgir-Champa (C.G.) for its trial/ disposal in accordance with law. The Principal Judge, Family Court, Raigarh is directed to transmit the record of the above case to the court of Family Court, Janjgir Champa within a period of 15 days.

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10. It is further directed that the Family Court, Janjgir Champa 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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AMIT Digitally signed by AMIT KUMAR KUMAR DUBEY Date: 2025.02.17 DUBEY 10:53:24 +0530

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Smt. Anita Kashyap v. Pankaj Kashyap

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Smt. Anita Kashyap v. Pankaj Kashyap

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