Swati Tiwari vs Vikas Pandey

The petitioner – wife sought transfer of Civil Suit No.76/2022 (Vikas Pandey vs. Swati Tiwari) filed under Section 13 of the Hindu Marriage Act, 1955 seeking decree of divorce, on the ground that she is residing in Bilaspur and the distance between Raipur & Bilaspur is 130 Kms. and she is solely dependent on her parents who are residing in Bilaspur, therefore, the transfer petition may be allowed and the case may be transferred from the Family Court, Raipur to Family Court, Bilaspur.

The aforesaid prayer of the learned counsel for the petitioner is not opposed by learned counsel for the respondent.

I have heard learned counsel for the parties and considered their submissions made herein-above and also went through the record with utmost circumspection.

The Supreme Court in the matter of N.C.V. Aishwarya vs. A.S. Saravana Karthik Sha 2022 SCC online SC 1199 laid down the principle for exercise of power under Section 24 of the Code of Civil Procedure has held 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 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.

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.”

In the light of the aforesaid principle of law laid down by the Supreme Court in the matter of N.C.V. Aishwarya (supra) and further considering that the distance between Raipur and Bilaspur is 130 km. and also considering the inconvenience of the petitioner as she is residing in Bilaspur along with her parents and she solely dependent on her parents, it would be appropriate to transfer Civil Suit No.76/2022 (Vikas Pandey vs. Swati Tiwari) filed under Section 13 of the Hindu Marriage Act, 1955 from the Family Court, Raipur to Family Court, Bilaspur. The Family Court, Raipur is directed to transmit the records of Civil Suit No.76/2022 (Vikas Pandey vs. Swati Tiwari) to the Family Court, Bilaspur, forthwith expeditiously. Parties are directed to appear before the Family Court, Bilaspur on 9th of January, 2023.

The transfer petition is allowed to the extent indicated herein-above. No order as to cost(s).