1 2025:CGHC:1934 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPCR No. 22 of 2024 Chiteshwar Sahu S/o Puran Lal Sahu Aged About 35 Years R/o Village Gudhiyari, Raipur Agrawal Bhawan, Near Bandhwa Talab, Gogaon, District Raipur (C.G.) ... Petitioner(s) versus Smt. Premlata Sahu W/o Chiteshwar Sahu Aged About 29 Years Resident Of Village Bemetara, Ward No. 11, Bemetara, Tahsil, P.S. And District Bemetara, Chattisgarh ... Respondent(s) For Petitioner(s) : Mr. Manish Thakur, Advocate. For Respondent(s) : Mr. Siddhant Tiwari, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07 .0 1 .202 5 1. Heard Mr. Manish Thakur, learned counsel for the petitioner. Also heard Mr. Siddhant Tiwari, learned counsel appearing for the respondent. 2. The present transfer petition has been filed by the petitioner seeking transfer of Misc. Criminal Case No. 112/2023 from the RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.13 18:51:44 +0530 2 Court of learned Principal Judge, Family Court, Bemetara, District – Bemetara (C.G.) to the Family Court, Raipur, District – Raipur (C.G.). 3. Brief facts of the case are that the petitioner is husband of respondent and their marriage was solemnized at Raipur Chhattisgarh according to the Hindu Customs in presence of their family members and relatives since then respondent was residing with the petitioner as wife at Raipur in matrimonial house. 4. The respondent has filed an application under Section 125 of Code of Criminal Procedure before the learned family Court Bemetara alleging that after some time of marriage, the petitioner and his family members started harassing and mentally torturing the respondent in the name of less dowry and they have demanded money from the petitioner, the respondent left the petitioner and matrimonial house on her own will, since then the respondent is resident at village Bemetara, Ward No. 11, Bemetara, Tahsil, P.S. and District Bemetara Chhattisgarh. 5. Thereafter, the respondent has filed application under Section 125 of Code of Criminal Procedure before the learned family Court Bemetara against the petitioner on 21.09.2021 for seeking grant of maintenance, which is pending before learned Principal Judge family Court, Bemetara, District Bemetara Chhattisgarh. 6. Learned counsel for the petitioner submitted that the conduct of respondent was not good and she misbehaved with the petitioner, 3 whereas the petitioner has never harassed and tortured the respondent as alleged, even the petitioner requested the respondent to come back and reside with him, but there was no change in ill-behavior and attitude of respondent. He further submits that the petitioner is unemployed, very poor person and suffering from cancer, due to which, he is taking treatment in several hospital at Raipur, the petitioner is facing various difficulties. He also submits that the petitioner has also constituted an application under Section 9 of Hindu Marriage Act, 1955 before the learned Principal Judge Family Court, Raipur for seeking resettlement of marriage, wherein the respondent has refused to settle her marriage with petitioner. 7. On the other hand learned counsel appearing for the respondent and submits that the respondent/wife is residing at Bemetara which is distance about 85 km away from Raipur, and also she has no source of income and is somehow managing to live her life due to which it becomes a very difficult task to manage her travelling expenses also, therefore, he opposes the prayer made by the petitioner. 8. I have heard learned counsel for the parties and perused the pleading and prayer made in the transfer petition. 9. Considering the aforesaid submission, I do not find any good ground for interference in the present transfer petition. Accordingly, the present transfer petition is dismissed. 4 10. The learned Family Court, Bemetara is directed to conclude the proceedings under Section 125 of the Cr.P.C. in Misc. Criminal Case No. 112/2023 within two months from the date of receipt of this order's certified copy, if there is no legal impediment. 11. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan