SMT. PRIYANKA SATHE vs SHAILENDRA KUMAR SATHE

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CGHC010267612026 2026:CGHC:38926
NAFR
RUKHSAR
BANO
HIGH COURT OF CHHATTISGARH AT BILASPUR
Digitally signed by
RUKHSAR BANO
Date: 2026.09.05
11:22:22 +0530
TPC No. 120 of 2026
1 - Smt. Priyanka Sathe W/o Shailendra Kumar Sathe Aged About 29 Years R/o
House No. 1097, Shivnagar, Behind Kalimandir, New Changorabhata, Raipur, Tahsil
And District Raipur, C.G.
... Petitioner
versus
1 - Shailendra Kumar Sathe S/o Yogendra Kumar Sathe Aged About 29 Years R/o
Samta Nagar Gourela, Tahsil Pendra Road, District- Gourela-Pendra-Marwahi, C.G.
... Respondent
(Cause title, as taken from Case Information System)
For Petitioner : Mr. Shikhar Sharma, Advocate.
For Respondent : Mr. Vijay Shankar Mishra, Advocate.
(Hon’ble Shri Justice Naresh Kumar Chandravanshi)
Order On Board
02/09/2026
1. The petitioner/wife has filed the present petition under Section 24
of the Code of Civil Procedure, 1908 (for short ‘CPC’), seeking
transfer of Civil Suit No.04/2026 ( Shailendra Kumar Sathe vs.
Smt. Priyanka Sathe ), pending before the learned First District

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Judge, Pendra Road, District Bilaspur, to the learned Family
Court, Raipur, District Raipur (CG).
2. Learned counsel for the petitioner/wife submits that the marriage
of petitioner/wife was solemnized with the respondent/husband on
29.01.2016 as per the Hindu rituals and customs. Out of the
wedlock, they have been blessed with a minor child, aged about 8
years. He further submits that, due to cruelty meted out to the
petitioner/wife by respondent/husband and his family members,
she was compelled to leave the matrimonial home and is
presently residing at her parental home in Raipur. He further
submitted that the respondent/husband has filed a divorce petition
under Section 13(A) of the Hindu Marriage Act, 1955 (henceforth
referred to as the ‘Act, 1955’), which has been registered as Civil
Suit No.04/2026 and is pending before the learned First District
Judge, Pendra Road, District Bilaspur (CG). Learned counsel
further submits that the petitioner/wife has also filed an application
under Section 12 of the Protection of Women from Domestic
Violence Act, 2005 (hereinafter referred to as “the Act, 2005”)
against the respondent/husband and his family members, which
has been registered as MJC Criminal Case No.638/2021 and is
pending before the Judicial Magistrate First Class (JMFC), Raipur
in which the respondent/husband has already entered his
appearance. It is further submitted that the distance between
Raipur and Pendra Road is about 500 km (to and fro). He also
submits that the petitioner’s parents are no more. Therefore, it

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would be difficult for her to travel such a long distance on every
date of hearing. Hence, it is prayed that Civil Suit No.04/2026 filed
by respondent/husband be transferred from the Court of learned
First District Judge, Pendra Road, District Bilaspur (CG) to the
Family Court, Raipur (CG).
3. Per contra , learned counsel for the respondent/husband submits
that the petitioner/wife has left his company without any sufficient
reason and has also left behind the minor child, aged about 8
years, who is presently residing with the respondent/husband at
Pendra Road. He further submits that the respondent’s father is
an aged person and that there is no other person to look after him
and the minor child. Hence, it would be difficult for the
respondent/husband to travel from Pendra Road to Raipur.
Therefore, he prays that the present transfer petition may be
dismissed.
4. Heard learned counsel for the parties and perused the material
available on record carefully.
5. Hon'ble Apex Court in N.C.V. Aishwarya Vs. A.S. Saravana
Karthik reported in 2022 SCC Online SC 1199 held at para 9
which reads as under:-
" 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

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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.”
6. Hon'ble Supreme Court in the matter of Sumita Singh Versus
Kumar Sanjay and another reported in 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 Versus Kishore Babulal Pardeshi
reported in (2005) 12 SCC 237 has observed that the
convenience of wife is to be preferred over the convenience of the
husband.
7. Admittedly, the divorce petition filed by the respondent/husband is
pending before the learned First District Judge, Pendra Road,
District Bilaspur. It is also not in dispute that the proceeding
initiated by the petitioner/wife under Section 12 of the Act, 2005 is
already pending against the respondent/husband before the
learned JMFC, Raipur. It is further not disputed that the distance
between Raipur and Pendra Road is about 500 km (to and fro). It
is also the case of the petitioner that her parents are no more.
8. In the aforesaid circumstances, this Court is of the considered

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view that, if Civil Suit No. 04/2026 filed by the
respondent/husband is not transferred from the Court of learned
First District Judge, Pendra Road, District Bilaspur, to the Family
Court, Raipur, it would cause considerable inconvenience and
hardship to the petitioner/wife in attending the proceedings at
Pendra Road.
9. Further, in view of the principles laid down in the aforecited case
laws of Hon’ble Apex Court, wherein it has been observed that, in
transfer of matrimonial cases, the wife's convenience must be
looked into, this Court is of the considered opinion that the
present case is fit one for transfer of the civil suit, as prayed for.
10. Consequently, the instant transfer petition is allowed . It is ordered
that the Civil Suit No.04/2026 { Shailendra Kumar Sathe vs. Smt.
Priyanka Sathe } pending before the learned First District Judge,
Pendra Road, District Bilaspur (CG), be transferred to the Family
Court, Raipur, District Raipur (CG) for its trial/disposal in
accordance with law. The learned First District Judge, Pendra
Road, District Bilaspur is directed to transmit the record of the
aforesaid Civil Suit No.04/2026 to the Family Court, Raipur,
District Raipur (CG), within a period of 15 days from the date of
receipt/submission of a copy of this order.
11. It is further directed that after receiving the case on transfer, the
Family Court, Raipur, District Raipur (CG) shall consider and
decide the same as early as possible, preferably within a further

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period of four months from the date of receipt of the record from
the transferring Court. The parties are directed to cooperate with
the concerned Family Court for early disposal of the case.
12. It is further observed that if the personal appearance of the
respondent/husband is not required, the concerned Family Court
may permit him to appear through video conferencing.
13. Pending application(s), if any, stands disposed of. No order as to
costs.
Sd/-
(Naresh Kumar Chandravanshi)
Judge
Rukhsar