Smt. Zeenat Khan Vs Mohammad Junaid Khan

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2026:CGHC:15619

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NAFR

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Digitally signed by JYOTI JYOTI SHARMA SHARMA Date: 2026.04.07 10:50:49 +0530

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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TPC No. 101 of 2025

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Smt. Zeenat Khan D/o Rafiq Qureshi Aged About 36 Years R/o Near Ali Kirana Store, Wahid Manjil Faiznagar, Talapara, Bilapur, District- Bilaspur ( C.G. ).

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... Petitioner(s)

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versus

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Mohammad Junaid Khan S/o Late Shri Salim Mohammad Aged About 38 Years R/o Near Kutchari, Sarangarh, District- Sarangarh- Bilaigarh ( C.G. ).

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... Respondent(s)

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(Cause-tile taken from the Case Information System)

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For Petitioner	: Mr. J.K. Gupta, Advocate.
For Respondent	: Mr. Anurag Verma, Advocate

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Hon’ble Shri Bibhu Datta Guru, Judge Order on Board

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06/04/2026

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This petition has been filed under Section 24 of the Civil Procedure Code, 1908 by the petitioner/wife seeking transfer of Civil Suit No. A/17/2025 under Section 123 read with 108 of Muslim Law pending before Family Court, Sarangarh, Bilaigarh to Family Court, Bilaspur.

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The marriage between the parties was solemnized on 02.12.2010. After some time, the dispute arose between the parties. The respondent/husband, has filed an application against the petitioner under Section 123 read with Section 108 of Muslim Law before the

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Family Court, Sarangarh, Bilaigarh for grant of decree of divorce.

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2

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Learned counsel for the petitioner submits that the wife is presently residing along with her old aged father and 2 children at Bilaspur and is facing difficulty in travelling for appearance before the Family Court, Sarangarh-Bilaigarh, due to the long distance involved. He, therefore, prays for transfer of the said case to Bilaspur for the convenience of the wife to effectively participate in the proceedings.

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Learned counsel for the respondent opposes the aforesaid prayer and submits that the present transfer petition has been filed just to harass the respondent. He further relies upon the judgment of High Court of Madhya Pradesh at Jabalpur in the matter of Smt. Ekta

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Vaish Vs. Deepak Kuchbandiya .

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Heard learned counsel for the parties and also perused the documents annexed with the petition.

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In the matter of N.C.V. Aishwarya Vs. A.S. Saravana Karthik (2022 SCC Online SC 1199) the Hon’ble Supreme Court has observed that generally it is wife’s convenience which must be looked at while considering transfer. The relevant portion of the aforesaid judgment is reproduced hereunder:-

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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

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3

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sustenance to life. Given the prevailing socioeconomic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer.

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10 .Further, when two or more proceedings are pending in different Courts between the same parties which raise common question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions.”

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Having regard to the submissions of learned counsel for the parties and in view of the aforesaid principles, this Court is inclined to allow the prayer made by the petitioner.

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Consequently, the Transfer Petition is allowed and it is ordered that Civil Suit No. A/17/2025 pending before the Family Court, Sarangarh-Bilaigarh be transferred to the Family Court, Bilaspur for its trial/disposal in accordance with law.

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Both the parties are directed to remain present before the Family Court, Jashpur on 13.05.2026.

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Jyoti

Smt. Zeenat Khan v. Mohammad Junaid Khan

Case brief

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Smt. Zeenat Khan v. Mohammad Junaid Khan

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