Kanya Kumari Karsh vs Bharat Lal Karsh

Deepak Kumar Tiwari, J

This Petition has been filed under Section 24 of the Civil Procedure Code, 1908 by the petitioner/wife seeking transfer of Case No. 66-A/2025 (Bharat Lal Vs. Smt. Kanya Kumari Karsh) from the Family Court Korba, District Korba to Family Court, Janjgir, District Janjgir-Champa (CG).

The marriage between the parties was solemnized on 11.05.2005 at Village Soniyapath, Sargaon, District Janjgir-champa. After some time, the dispute arose between the parties and respondent ousted the petitioner and her children. Subsequently, the petitioner and her daughter filed application for maintenance before the Family Court Janjgir-Champa. In the meanwhile, the respondent/husband has also filed an application against the petitioner under Section 13 (1) of the Hindu Marriage Act before the Family Court, Korba for divorce and the petitioner is seeking transfer of said case to Family Court, Janjgir-champa.

Learned counsel for the petitioner submits that the petitioner is living with her children at Janjgir-Champa and she is facing difficulties to travel to Family Court, Korba to attend each and every hearing of the case. He also submits that petitioner has filed an application under Section 144 of the BNSS for grant of maintenance from respondent before the Family Court Janjgir-Champa and her daugther namely Ku. Khushi has also filed application under Section 20 (3) of the Hindu Adoption and Maintenance Act, 1956 which is still pending before the Family Court Janjgir-Champa. Therefore, the case of the respondent may be transferred to Family Court, Janjgir-Champa for the convenience of the wife to participate in the proceedings.

Learned counsel for the respondent would oppose the aforesaid prayer.

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

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:-

"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.

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.”

Having regard the submissions of learned counsel for the parties and in view of the aforesaid principles and also keeping in view that other applications filed by the petitioner and her daughter are pending before the Family Court Janjgir-Champa, this Court is inclined to allow the prayer made by the petitioner.

Consequently, the Transfer Petition is allowed and it is ordered that Case No.66-A/2025 pending before Family Court, Koraba, District Korba be transferred to the Family Court, Janjgir-Champa for its trial/disposal in accordance with law.

Both the parties shall remain present before the Family Court, Janjgir-Champa on 09.12.2025.

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

Pending application, if any, also stand disposed of.