1 2025:CGHC:23810 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 46 of 2025 1 - Ashwani Banjare S/o Shri Bisheshwar Banjare Aged About 45 Years R/o Village Kareli, Patelpara, Police Station Bori, Tahsil Dhamdha, District Durg Chhattisgarh ... Petitioner versus 1 - Smt. Geetanjali Banjare W/o Ashwani Banjare Aged About 30 Years R/o Through Shri Chintaram Borse, Ward No. 12 Satnami Para, Police Station And Tehsil Rajim District Gariaband Chhattisgarh ... Respondent (Cause title taken from Case Information System) For Petitioner : Mr. Syed Afaque Hussain Rizvi, Advocate For Respondent : None Hon’ble Shri Justice Naresh Kumar Chandravanshi Order on Board 13.06.2025 1. Heard. 2. This transfer petition has been filed under Section 24 of the Code of Civil Procedure 1908 (in short 'CPC') for transfer of MJC No.680 of 2024 (under Section 125 CrPC) (Smt. Geetanjali RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI 2 Banjare & Anr vs. Ashwani Banjare) filed by the respondent before the Court of Principal Judge, Family Court, Raipur (CG) to District Court, Gariaband (CG). 3. In brief, the applicant’s case is that marriage of applicant/ husband and respondent/wife was solemnized on 04.06.2015 and they have got one girl child from their wedlock. After marriage, there being matrimonial dispute arisen between them, the respondent/non-applicant instituted a suit under Section 125 of the Cr.P.C. before the Principal Judge, Family Court, Raipur to get monthly maintenance amounting to Rs.50,000/- from the applicant stating inter alia that their marriage was solemnized with the applicant on 04.06.2015 according to Hindu customs in Rajim, District Gariaband (C.G.) and from their wedlock Ku. Nishtha Banjare was born on 12.08.2016. The present applicant has also filed an application on 31.08.2024 under Section 13(1) of the Hindu Marriage Act (Annexure A-1) before the Court of Additional Principal District Judge, Gariaband (C.G.) for dissolution of their marriage solemnized between the applicant and non-applicant on 04.06.2015 stating that since 13.07.2019 both the parties are living separately and the non-applicant has been living in Rajim, District Gariaband at her maternal home and running a grocery shop and just to harass the applicant she has filed application under Section 125 of CrPC, before the Principal Judge, Family Court, Raipur. The applicant/husband has filed instant petition for transfer of the same to the District Court, Gariaband (C.G.). 3 4. Learned counsel for the applicant would submit that respondent is married wife of applicant and because of dispute erupted between them, the respondent left company of applicant/husband and she is residing at Rajim, her maternal home, but she has filed application under Section 125 CrPC bearing case number MJC No.680/2024 before the Principal Judge, Family Court, Raipur, showing her present address at Raipur, whereas, her parental address is at Rajim, District Gariaband, where she is running grocery shop and residing along with her parents. He also submits that the applicant is a government servant, permanent resident of Gariaband, presently posted as Teacher Grade -1, Government Higher Secondary School, Dahadaha Block Kurud, District Dhamtari, therefore, he prayed that MJC No.680/2024 filed by respondent/wife before the Principal Judge, Family Court, Raipur be transferred to the Court of District Judge, Gariaband. 5. Despite service of notice to the respondent/wife, neither she remain present nor made any representation on her behalf. Though in a maintenance application in MJC No. 680/2024, permanent address of respondent and applicant has been mentioned as Rajim, Tehsil Rajim, District Gariaband, but while filing maintenance application respondent was residing at Raipur, therefore, she filed maintenance application at Family Court, Raipur. It is settled proposition of law that in transfer of cases pertaining to the dispute related to husband-wife, convenience of wife ought to have been seen. In the instant case, since 4 respondent/wife is residing at Raipur, therefore, transferring case from Family Court, Raipur to Gariaband Court will cause inconvenient to her. Further, as contended by learned counsel for the applicant, the applicant is posted as Teacher Grade -1, Government Higher Seconadry School, Dahadaha Block Kurud, District Dhamtari. The distance between Kurud to Raipur is said to be about 70 Kms and distance from Raipur to Gariaband is said to be about 95 Kms. Thus, even in distance wise also Raipur Court is more convenient for applicant to approach rather than Gariaband. 6. In view of the above discussions, I do not find any good ground to transfer MJC No.680/2024 (Smt. Geetanjali Banjare & Anr vs. Ashwani Banjare) from Family Court, Raipur to District Court, Gariaband. Hence, the instant transfer petition is dismissed. 7. No order as to costs. Sd/- (Naresh Kumar Chandravanshi) Judge Ravi Mandavi