SMT. SHIFA PARVEEN KHAN Vs. ABDUL SAMIR KHAN

JUDGEMENT

(1.) As per the office report, notice has been served upon the respondent. However, neither the respondent nor any counsel has appeared on his behalf.

(2.) The petitioner/wife has preferred this transfer petition under Sec. 24 of the Code of Civil Procedure, 1908 (henceforth 'CPC') seeking the transfer of the divorce petition filed by the respondent/husband, bearing Civil Suit No. 46A/2026 (Abdul Samir Khan vs. Smt. Shifa Parveen Khan), from the Family Court, Kabirdham to the Family Court, Durg, District Durg (C.G.).

(3.) Learned counsel for the petitioner submits that the marriage between the parties was solemnized on 12/1/2024, and out of the said wedlock, they were blessed with a daughter who is currently about 17 months old. However, after some time, relations between the parties became strained, compelling the petitioner to leave the matrimonial home and reside at Durg with her parents. He further submits that the petitioner has no independent source of income and is unable to travel to the Family Court, Kabirdham for every hearing due to the round-trip distance of approximately 260 kilometers from her current residence. He also contends that it is a well-settled principle of law that the convenience of the wife must be kept paramount while considering a transfer petition. Therefore, it is prayed that the transfer petition be allowed.