Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:20153
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 44 of 2025 1 - Sunita Kurrey W/o Laxminarayan Kurrey Aged About 33 Years R/o Mata Chauk Chaura, Kurda, District- Janjgir-Champa (C.G.) 2 - Jhilmil Kurrey D/o Laxminarayan Kurrey Aged About 10 Years Minor Through Mother Sunita Kurrey (Applicant No. 1) R/o Mata Chauk Chaura, Kurda, District- Janjgir-Champa (C.G.)
... Applicant versus Laxminarayan Kurrey S/o Kripaldas Kurrey Aged About 34 Years R/o Village- Sodhar Post - Dharampura P.S. And Tehsil- Jarhagaon District- Mungeli (C.G.)
... Respondent For Applicant : Ms. Vaishali Jeswani, Advocate For Respondent : Mr. Arya Kumar Singh, Advocate on behalf of Mr. Anchal Kumar Matre, Advocate
(Hon’ble Shri Justice Naresh Kumar Chandravanshi)
Order on Board 02.5.2025
1. Applicant/wife has preferred this transfer petition under Section 24 of the Civil Procedure Code, 1908 (henceforth 'CPC') for transfer of Case No.68/2021, pending before Family Court, Korba, Distt. Korba (CG) to Family Court, Janjgir Champa, Distt. Jangir Champa (CG).
2.
Learned counsel appearing for the applicant/wife submits that earlier the applicant and her 10 year old minor girl child were residing at Korba along with her parents as her father was working at Korba. But now her father has been retired from service and shifted to Janjgir Champa, therefore, she prays that maintenance BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2025.05.03 11:01:05 +0530
2 case filed by the applicant herself before Family Court, Korba, bearing Case No.68/21, be transferred from Family Court, Korba to Family Court, Janjgir Champa. She further submits that divorce petition filed by the respondent/husband, bearing Civil Suit No.91-A/2023 before the Family Court, Mungeli, has already been transferred from Family Court, Mungeli to Family Court, Janjgir-Champa, vide Order dated 04.3.2024 by the Coordinate Bench in TPC No.168/2023, hence, it is prayed that Case No.68/21, pending before Family Court, Korba be transferred to Family Court, Janjgir, Distt. Jangir Champa (CG).
3.
Learned counsel for the respondent/husband submits that the respondent has no objection to allow the prayer of the applicant.
4. I have heard learned counsel for the parties and perused the material placed on record.
5. In the instant case, presently the applicant along with her 10 year old minor child are residing at Jangir Champa with her parents. Divorce petition filed by the husband, bearing Civil Suit No.91-A/2023, before the Family Court, Mungeli has already been transferred to Family Court, Janjgir Champa vide Order dated 04.3.2024 by the Coordinate Bench in TPC No.168/2023, hence, it would be convenient for both the parties if case bearing Case No.68/21, is transferred from Family Court, Korba to Family Court, Janjgir, Distt. Jangir Champa (CG).
6. Considering the fact situation of the case and the settled law that in matrimonial cases, convenience of the wife has to be prioritised in a petition for transfer of case, in the considered opinion of this Court, it is a fit case for transfer of the above mentioned case as prayed for.
7. Accordingly, the instant transfer petition is allowed. It is ordered that Case No.68/21, pending before Family Court, Korba, Distt. Korba (CG) be transferred to Family Court, Janjgir, Distt. Jangir Champa (CG) for its trial/ disposal in accordance with law. The Judge, Family Court, Korba (CG) is directed to transmit the record of the above case to the Judge, Family Court, Janjgir, Distt. Janjgir Champa, within a
3 period of 15 days. The parties are also directed to cooperate with the concerned Family Court for early disposal of the case.
8. In view of above order, pending interim application, if any, stands disposed of. No order as to costs. Sd/- (Naresh Kumar Chandravanshi)
Judge Bini