Wife’s Convenience Predominates in Transfer Petitions for Matrimonial Proceedings Where Multiple Litigations are Pending

The petitioner (wife) and respondent (husband) were married on May 10, 2024, in Raipur

Following matrimonial disputes, the respondent ousted the petitioner, and she returned to her parental home in Raipur

The respondent subsequently filed a divorce petition (Civil Suit No. 941/2025) before the Family Court, Durg

The petitioner sought transfer of the said case to the Family Court, Raipur, citing her inability to travel 70 km due to her father’s illness, the lack of a male escort, and her pending maintenance application under Section 144 of the BNSS already filed in Raipur

The respondent opposed the transfer, arguing that the distance was manageable and the maintenance case was filed as an afterthought

1. Whether the divorce proceedings pending in the Family Court, Durg, should be transferred to the Family Court, Raipur, based on the convenience of the wife?

Section 24 of the Code of Civil Procedure (CPC), 1908, which governs the general power of transfer and withdrawal of suits

In matrimonial matters, the wife's convenience must generally be prioritized as established in N.C.V. Aishwarya v. A.S. Saravana Karthik (2022)

Convenience of the wife is to be preferred over that of the husband in transfer petitions as affirmed in Sumita Singh v. Kumar Sanjay (2001) and Rajani Kishor Pardeshi v. Kishore Babulal Pardeshi (2005)

The court evaluated the socio-economic circumstances of the parties, noting that while the 70 km distance between Durg and Raipur is relatively short and well-connected, the petitioner faces personal hardships, including caring for an ailing father and lacking a male escort for travel.

The court observed that since a maintenance proceeding under Section 144 BNSS is already pending in Raipur, moving the divorce case to the same jurisdiction would allow the husband to contest both matters in one location, thereby serving the ends of justice.

Following the established judicial doctrine that "the wife's convenience must be looked into" in matrimonial transfers, the court found the petitioner's grounds sufficient to warrant the transfer.

The Court ordered the transfer of Civil Suit No. 941/2025 from the Family Court, Durg, to the Family Court, Raipur. The record is to be transmitted within 15 days, and the transferee court is directed to conclude the trial within four months. The respondent was granted liberty to join proceedings via Video Conferencing on dates when his personal appearance is not mandatory.