Smt. Champeshwari Sinha Vs Pila Ram Sinha

¶1

1

¶2

2026:CGHC:4758

¶3

Digitally signed by JYOTI JYOTI SHARMA SHARMA Date: 2026.02.02 10:49:39 +0530

¶4

NAFR

¶5

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶6

TPC No. 64 of 2025

¶7

Smt. Champeshwari Sinha W/o Pila Ram Sinha Aged About 35 Years R/o Mohbhatta Road, Behind Electricity Office, Brhaman Para, Bemetara, Tehsil And District Bemetara, Chhattisgarh

¶8

... Petitioner(s)

¶9

versus

¶10

Pila Ram Sinha S/o Awadhram Sinha Aged About 38 Years R/o Village Tarkori, Tehsil Dhamdha, District Durg, Chhattisgarh

¶11

... Respondent(s)

¶12

(Cause-tile taken from the Case Information System)

¶13

For Petitioner	: Mr. Shikhar Bakhtiyar, Advocate.
For Respondent	: Mr. Adharsh Rajput, Advocate

¶14

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

¶15

28/01/2026

¶16

This petition has been filed under Section 24 of the Civil Procedure Code, 1908 by the petitioner/wife seeking transfer of Civil Suit bearing No. CSA No. 562/2023 under Section 13 (1) (i-a) and 13 (1) (i-b) of the Hindu Marriage Act, 1955 pending before Court of Principal Judge, Family Court, Durg to Court of Principal Judge, Family Court, Bemetara.

¶17

The marriage between the parties was solemnized on 28.04.2007 and out of their wedlock they have three children. After some time,

¶18

2

¶19

the dispute arose between the parties. The respondent/husband, has filed an application against the petitioner under Section 13 (1) (iA) (i-B) of the Hindu Marriage Act, 1955 before the Family Court, Durg for grant of decree of divorce.

¶20

Learned counsel for the petitioner submits that the wife is facing serious difficulty in travelling to Family Court, Durg, owing to the long distance involved. It is further submitted that she is a homemaker residing at her parental house and is also required to take care of her children. In these circumstances, learned counsel prays that the said case be transferred to Bemetara, as it would be more convenient for the wife and would enable her to effectively participate in the proceedings.

¶21

Learned counsel for the respondent opposes the aforesaid prayer and submits that a sum of Rs. 22,000/- is being paid every month to the petitioner towards maintenance.

¶22

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

¶23

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:-

¶24

" 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

¶25

3

¶26

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.

¶27

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.”

¶28

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.

¶29

Consequently, the Transfer Petition is allowed and it is ordered that CSA No. 562/2023 pending before the Family Court, Durg be transferred to the Family Court, Bemetara for its trial/disposal in accordance with law.

¶30

Further, the respondent/husband would be at liberty to participate in the proceedings through video conferencing/virtually unless otherwise directed by the concerned Court.

¶31

Both the parties are directed to remain present before the Family Court, Bemetara on 18.03.2026.

¶32

Sd/(Bibhu Datta Guru) JUDGE

¶33

Jyoti

Smt. Champeshwari Sinha v. Pila Ram Sinha

Case brief

What is this about?

What did the court decide?

Smt. Champeshwari Sinha v. Pila Ram Sinha

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

Bhuvneshwar Vs Fagulal

Vidya Shanker (Died) Vs Khikhram (Died)

Smt. Kanti Bai Sahu Vs Rameshwar Prasad

Rajesh Kumar Vs Ganeshu Ram

Evangelical Trust Association of North India Vs Tehsildar

Sonkunwar Yadav & Anr. Vs Dukhi Prasad Jaiswal & Others