Smt. Priyanka Tiwari Vs Rajnish Kumar Tiwari

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CGHC010078942026 2026:CGHC:30573

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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TPC No. 34 of 2026

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Smt. Priyanka Tiwari W/o Rajnish Kumar Tiwari Aged About 28 Years R/o Prembagh, Behind Bus Stand, Baikunthpur, P.S. And Tahsil- Baikunthpur, District Koriya C.G.

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... Petitioner.

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Digitally signed by AJAY KUMAR DWIVEDI Date: 2026.07.21 11:35:50 +0530

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Versus

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Rajnish Kumar Tiwari S/o Ashok Tiwari Aged About 34 Years R/o Namnakala, Ambikapur, P.S. And Tahsil Ambikapur, District Sarguja C.G.

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... Respondent.

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For Petitioner	: Mr.	Shashikesh Yadav, Advocate.
For Respondent	: Ms.	Jigyasa Singh, Advocate.

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(Hon’ble Shri Justice Naresh Kumar Chandravanshi)

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Order on Board

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20/07/2026

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The petitioner/wife has preferred this transfer petition under Section 24 of the Code of Civil Procedure, 1908 (henceforth 'CPC') seeking the transfer of the divorce petition filed by the respondent/husband, bearing Civil Suit No. A/12/2026 (Rajnish Kumar Tiwari Vs. Priyanka Tiwari), from the Family Court Surguja Ambikapur, District Surguja to the Family Court Baikunthpur, District Koriya.

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Learned counsel for the petitioner submits that the marriage of the petitioner/wife was solemnized with the respondent/husband on 21.06.2018 and out of said wedlock they blessed with daughter. However, after some time of marriage, the respondent started harassing the petitioner with demands for dowry and subjected her to cruelty, due to which the petitioner was compelled to leave the matrimonial home. Thereafter, she started residing at her parental house with her father and her 6-year-old daughter. She has also lodged an FIR for offenses under Sections 498A & 34 of the IPC, case of which is pending before the learned JMFC Baikunthpur in Criminal Case No. 2587/2023, and has also filed an application under the Protection of Women from Domestic Violence Act, bearing Case No. MJC Criminal No. 1260/2023, which is pending before the learned Chief Judicial Magistrate, Baikunthpur. He further submits that the petitioner has no independent source of income and is unable to travel to the Family Court Surguja for every hearing due to the distance of approximately 80–100 kilometers from her current residence. He also contends that it is a well-settled position of law that the convenience of the wife must be kept paramount while considering a transfer petition. Therefore, it is prayed that the transfer petition may be allowed.

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On the other hand, learned counsel for the respondent opposes the prayer made by the petitioner and submits that there is direct bus and train connectivity between the two places, and the distance is not too far.

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

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Hon'ble Supreme Court in the case of Sumita Singh -v- Kumar Sanjay and another [(2001) 10 SCC 41] has observed that if husband files suit against

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wife, then convenience of wife must be looked into. Hon'ble Supreme Court in the case 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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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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Taking into consideration the facts and circumstances of the case, the wellsettled legal position that the convenience of the wife is paramount in matrimonial disputes, and the fact that two cases filed by the petitioner are already pending before the Courts at Baikunthpur, this Court is of the opinion that it would be just and proper to transfer the proceedings to the Family Court Baikunthpur, District Koriya. This will mitigate the hardship faced by the petitioner/wife and enable both parties to attend hearings in one location.

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Consequently, in view of the settled law and the submissions made by the applicant, the transfer petition is allowed . It is ordered that Civil Suit No. A/12/2026 (Rajnish Kumar Tiwari Vs. Priyanka Tiwari), currently pending before the Family Court Surguja Ambikapur, District Surguja, be transferred to the Family Court Baikunthpur, District Koriya , for trial and disposal in accordance with law.

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The transferor Court is directed to transmit the record of the case to the transferee Court within a period of 15 days from the date of receipt or communication of this order.

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Further, the transferee Family Court is directed to expedite the trial and conclude the proceedings expeditiously, preferably within a period of 4 months from the date of receipt of the record. The parties are directed to cooperate with the Family Court for an early and efficacious disposal of the case.

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However, the respondent/husband shall be at liberty to join the proceedings before the Family Court through video conferencing on dates when his personal appearance is not explicitly required by the court.

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Pending interim applications, if any, stand disposed of.

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Sd/-

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(Naresh Kumar Chandravanshi) Judge

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Ajay

Smt. Priyanka Tiwari v. Rajnish Kumar Tiwari

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Smt. Priyanka Tiwari v. Rajnish Kumar Tiwari

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