POOJA SINHA vs LAXMAN KUMAR SINHA

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CGHC010293992026 2026:CGHC:39012
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
TPC No. 135 of 2026
Pooja Sinha W/o Laxman Kumar Sinha Aged About 25 Years At Present R/o Village-
Kotrasarar, P.S. Lalbagh, Tahsil And Dist. Rajnandgaon, C.G.
... Petitioner
versus
Laxman Kumar Sinha S/o Khem Lal Sinha Aged About 29 Years R/o Village Surpa,
P.S. Jamgaon, Tahsil And Dist. Durg, C.G.
... Respondent
For Petitioner : Mr. Ravi Kumar Bodhani, Adv. Through VC and Mr.
Ankush Soni, Advocate
For Respondent : Mr. Purnendra Khichariya, Advocate
(Hon’ble Shri Justice Naresh Kumar Chandravanshi)
Order on Board
03.09.2026
1. The petitioner/wife has preferred this transfer petition under Section 24 of the
Civil Procedure Code, 1908 (henceforth 'CPC') for transfer of case bearing
No.HMA/1088/2025 (Laxman Kumar Sinha Vs. Smt. Pooja Sinha) pending before
First Additional Principal Judge, Family Court, Durg to Family Court Rajnandgaon
(CG).
2. Fact of the case, in brief are that, marriage of the petitioner/wife was
solemnized with the respondent/husband on 10.05.2024 according to the Hindu
rituals and customs. After few months of the marriage, dispute arose between the
parties and the petitioner/wife left her matrimonial home and started residing with
Digitally signed
by BINI PRADEEP
DN: cn=BINI
PRADEEP,
ou=HIGH
COURT, o=HIGH
COURT OF
CHHATTISGARH,
st=Chhattisgarh,
c=IN
BINI
PRADEEP

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her parents. Thereafter, the respondent/husband filed an application under Section
13(1)(ia) of the Hindu Marriage Act, 1955 before the Family Court, Durg, which was
registered as Civil Suit No.1088/2025. The petitioner has sought transfer of the said
proceeding to the Family Court, Rajnandgaon.
3. Learned counsel for the petitioner submits that the petitioner has filed
application under Section 144 of the Bharatiya Nyaya Sanhita, 2023 bearing
Criminal MJC No.260/2025, which is presently pending consideration before Family
Court, Rajnandgaon, wherein the respondent has already entered his appearance .
It is further submitted that to-and-fro distance between Durg and Rajnandgaon is
about 80 Km and it would be difficult for the petitioner, who has no independent
source of income, to travel such distance to attend the Court proceedings before the
Family Court at Durg. It is therefore submitted that, if the civil suit filed by the
respondent is transferred from Family Court, Durg to Family Court Rajnandgaon,
the same would be convenient not only for the petitioner/wife, but also for the
respondent/husband, as husband would be able to appear in both the cases in the
Court of Rajnandgaon. He further submits that it is settled law that the
convenience of wife is to be preferred over the convenience of husband. Hence, it is
prayed that present transfer petition may be allowed and the Civil Suit bearing
No.HMA/1088/2025 (Laxman Kumar Sinha Vs. Smt. Pooja Sinha) pending before
First Additional Principal Judge, Family Court, Durg be transferred to Family Court
Rajnandgaon (CG).
4. Per contra, learned counsel appearing for the respondent submits that
evidence has already commenced in the divorce proceedings pending before the
Family Court, Durg, and that the hearing is likely to be concluded at the earliest,
hence, the instant transfer petition may be rejected
5. I have heard learned counsel for the petitioner and perused the material
placed on record.
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.”
7. 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 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.
8. As per the petitioner, one case under Section under Section 144 of the
Bharatiya Nyaya Sanhita, 2023 bearing Criminal MJC No.260/2025, is pending
consideration before Family Court, Rajnandgaon, against the respondent/ husband
and he has to attend that proceeding, hence, it would be convenient for the
respondent/husband also if the petition bearing No.HMA/1088/2025 (Laxman Kumar
Sinha Vs. Smt. Pooja Sinha) pending before First Additional Principal Judge,
Family Court, Durg is transferred to Family Court Rajnandgaon (CG).
9. Considering the fact situation of the case and also considering the aforecited
case laws, wherein it has been observed that, in transfer of matrimonial cases, the
wife’s convenience must be looked into, in the considered opinion of this Court, it is
a fit case for transfer of the civil suit, as prayed for.

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10. Accordingly, the instant transfer petition is allowed. It is ordered that Civil Suit
No.HMA/1088/2025 (Laxman Kumar Sinha Vs. Smt. Pooja Sinha) pending before
First Additional Principal Judge, Family Court, Durg be transferred to Family Court
Rajnandgaon (CG) for its trial/ disposal in accordance with law. The First Additional
Principal Judge, Family Court, Durg, Distt. Durg is directed to transmit the record of
the above case to the Family Court, Rajnandgaon, Distt. Rajnandgaon, within a
period of 15 days.
11 . Further, the Judge, Family Court, Rajnandgaon is directed to expedite the
trial and conclude the same expeditiously, preferably within a period of four months
from the date of receipt of the record from transferring Court. The parties are also
directed to cooperate with the concerned Family Court for early disposal of the
case. If the personal appearance of the respondent is not required, he may be
permitted to appear through Video Conferencing.
12. In view of above order, pending interim application(s), if any, stands disposed
of. No order as to costs.
Sd/-
(Naresh Kumar Chandravanshi)
Judge
Bini