Chattisgarh High Court
Smt. Neelam Diwan vs Prashant Diwan on 29 April, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
TPC No. 36 of 2021
Order reserved on : 24/02/2022
Order Pronounced on : 29/04/2022
Smt. Neelam Diwan, W/o Prashant Dewan, Aged About 26 Years
Through Shri Shankarlal Chaturvedi, R/o 1318/G Near Vikram
Pandit House, Kailash Nagar, Post Kumhari, Tahsil Dhamdha,
District Durg Chhattisgarh.
---- Petitioner
Versus
Prashant Diwan, S/o Shri Laxmidhar Diwan, Aged About 31 Years
R/o Lal Bahadur Gajiward Bhatapara, District Baloda Bazar
Bhatapara Chhattisgarh.
---- Respondent
For Petitioner : Mr. A.D. Kuldeep, Advocate.
For Respondent : Mr. Arvind Shrivastava, Advocate
Hon'ble Smt. Justice Rajani Dubey, Judge
CAV Order
29/04/2022
1. This is a petition under Section 24 of the Code of Civil Procedure,
1908 (in short 'CPC') filed by the petitioner-wife seeking transfer
of H.M.A. No. 15A/2020 (Prashant Diwan Vs. Smt. Neelam
Diwan), pending before learned Family Court, Baloda Bazar,
District- Baloda Bazar (C.G.) to Family Court, Durg (C.G.).
2. As per facts mentioned in the transfer petition, marriage between
the petitioner and respondent was solemnized on 09.07.2016 at
Godri Dham Mandir Bajrang Ward Bhatapara according to Hindu
customs out of their wedlock, a child was born on 01.01.2018.
After marriage, the petitioner was residing with the respondent in
her matrimonial house where the respondent and his family
members started harassing the petitioner and she left her
matrimonial house and is now residing with her parents at Durg.
The petitioner has filed the instant transfer petition before this
Court stating inter alia that presently she is residing at Durg (C.G.)
and facing great difficulties to attend the proceedings before the
learned Family Court, Baloda Bazar (C.G.) which is near about
100 Km away from Durg (C.G.). Therefore, H.M.A. No. 15A/2020
(Prashant Diwan Vs. Smt. Neelam Diwan) pending before the
learned Family Court, Baloda Bazar (C.G.) be transferred to
Family Court, Durg (C.G.) for hearing and disposal in accordance
with law.
3. Shri A.D. Kuldeep, learned counsel for the petitioner submits that
the petitioner/wife is residing at Durg (C.G.) and is facing great
difficulties to attend the proceedings at learned Family Court,
Baloda Bazar (C.G.) as the distance between learned Family
Court, Baloda Bazar (C.G.), where the matrimonial suit has been
instituted by respondent/husband and the Family Court, Durg
(C.G.) is about 100 KM. He further submits that the petitioner has
no any source of income and is facing great financial difficulty in
managing her child due to non-availability of any compensation
and maintenance amount and she is having minor child and
Baloda-bazar is about 100 km away from Durg and there is no rail
connectivity between Durg and Baloda-bazar. It is very difficult for
her to travel all alone with her child for such a long distance. It is a
settled position of law that the convenience of wife is relevant
factor over the convenience of the husband, therefore, H.M.A. No.
15A/2020, pending in the Court of learned Family Court, Baloda
Bazar (C.G.) be transferred to the Court of Family Court, Durg
(C.G.). He next added that the petitioner is facing difficulties in
attending the proceedings before the Family Court, Baloda Bazar
and if she will not appear on the date fixed by the family court
then ex-parte proceeding would be initiated against her and
therefore, further proceedings may be stayed till the final decision
of the case, in the interest of justice.
4. On the other hand, learned counsel for the respondent/husband
vehemently opposes the contentions raised by counsel for the
petitioner and submits that the petitioner is well educated and
belongs to a financially established family and it is well within the
knowledge of the respondent that the petitioner is having a job at
Ultratech Lab through which she is able to earn well enough for
her family needs, therefore, petition u/s 24 of CPC and the
application for grant of stay of the case H.M.A. No. 15A/2020
pending before learned family Court Baloda-bazar, filed by the
petitioner is baseless and has been filed with an ill intention to
harass the respondent. He further submits that the mother of the
respondent is aged about 55 years old and is suffering from
diabetes, Hypertension & Migraine since long and she needs
extra care therefore, respondent has to take care of her and
balance of convenience should not be in favour of the petitioner
but in favour of the respondent. Hence, the petition has no merits
and deserves to be dismissed. In support of his argument,
learned counsel for the respondent/husband has referred to the
judgment passed by the Hon'ble Apex Court in the matters of
Indian Overseas Bank, Madras Vs. Chemical Construction
Company & others reported in (1979) 4 SCC 358 and Anindita
Das Vs. Srijit Das reported in (2006) 9 SCC 197.
5. I have heard learned counsel for the parties and considered the
submissions and perused the memo of petition and other
documents.
6. Admittedly, the distance between District Durg, where the
petitioner/wife is residing, to the Family Court, Baloda-bazar, is
about 100 km. Being a lady it would be highly inconvenient for the
petitioner to travel alone from Durg to Balodabazar and vice versa
especially at evening after attending the hearing.
7. Hon'ble Supreme Court in the matter of Rajani Kishore Pardeshi
Vs. Kishor Babula Pardeshi reported in 2005 12 SCC 23, has
observed that the convenience of wife is to be preferred over the
convenience of the husband. Further, Hon'ble Supreme Court in
the matter of Sumita Singh Vs. 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.
8. Thus, having ascertained the legal position, as aforestated and
keeping in view the law laid down in aforesaid cases, and
particularly, keeping in view that there is no rail connectivity
between Durg and Baloda-bazar, the instant transfer petition
deserves to be and is hereby allowed. It is directed that H.M.A.
No. 15A/2020 (Prashant Diwan Vs. Smt. Neelam Diwan)
pending before the learned Family Court, Baloda Bazar (C.G.) is
hereby withdrawn from the said Court and same is transferred to
the Family Court Durg, District Durg, for hearing and disposal in
accordance with law. The Judge Baloda-bazar, District Baloda-
bazar (C.G.) is directed to transmit the record of the above case
to the Principal Judge, Family Court Durg, District Durg (C.G.).
Parties to appear before the Family Court, Durg, District Durg on
20.06.2022.
9. Interlocutory application, if any, stands disposed of.
10.Certified copy as per rules.
Sd/-
(Rajani Dubey)
Judge
Ruchi
