Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:22660
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPCR No. 4 of 2025 Praveen Dadsena S/o Late Jeevan Lal Dadsena Aged About 34 Years R/o Behind Gayatri Mandir, Taalpara Basna, Dist- Mahasamund (C.G.)
--- Petitioner(s) versus Smt. Rajni Dadsena W/o Praveen Dadsena Aged About 32 Years D/o Shri. Tarachand Dadsena, R/o - Village- Kulba (Sindhitarai), Dist- Janjgir- Champa (C.G.) Presently Residing And Working At- Jawahar Navodaya Vidyalaya, Malhar, Bilaspur, District-Bilaspur (C.G.)
--- Respondent(s) TPCR No. 5 of 2025 Praveen Dadsena S/o Late Jeevan Lal Dadsena Aged About 34 Years R/o Behind Gayatri Mandir, Taalpara Basna, Dist. - Mahasamund (C.G.).
---Petitioner(s) Versus 1 - State Of Chhattisgarh Through - Out-Post-Fagurum, Police Station - Dabhra, District - Janjgir - Champa (C.G.). 2 - Smt. Rajani Dadsena W/o Praveen Dadsena Aged About 32 Years D/o Shri Tarachand Dadsena, R/o Village - Kulba (Sindhitarai), Dist - Janjgir - Champa (C.G.) --- Presently Residing And Working At Jawahar Navodaya Vidyalaya, Malhar, Bilaspur, District - Bilaspur (C.G.).
--- Respondent(s) KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN
2 For Petitioner : Ms. Reena Singh, Advocate. For Respondent : Mr. Ram Vifal Ram Rajwade, Advocate. For State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 09.06.2025
1. Heard Ms. Reena Singh, learned counsel for the petitioner. Also heard Mr. Ram Vifal Ram Rajwade, learned counsel appearing for the respondent.
2. The petitioner, in TPCR No. 4/2025 has prayed for the following relief(s):-
“It is, therefore, prayed that the Hon’ble Court be pleased to direct for transfer of the case filed under Section 125 of CR.P.C. registered as Case No. 32/2024, (between parties Smt. Rajni Dadsena Vs. Praveen Dadsena) pending before Principal Judge, Family Court, Link Court- Sakti, District-Sakti (C.G.) to Family Court, Bilaspur, District-Bilaspur (C.G.) in the interest of justice.”
3. The petitioner, in TPCR No. 5/2025 has prayed for the following relief(s):-
“It is, therefore, prayed that the Hon'ble Court be pleased to direct for transfer of Criminal Case No. 302/2024, pending before Court of Learned Judicial Magistrate First Class, Dabhra, District Janjgir- Champa (C.G.) between the parties "State of C.G. Vs Praveen Dadsena" under section 498-A, 377, 316, 354, 294, 323, 34 of I.P.C. to
3 Judicial Magistrate First Class Bilaspur (C.G.), in the interest of justice.”
4.
Learned counsel for the petitioner submits that the respondent/wife is presently residing at Malhar, Bilaspur and working as non- teaching staff at Navodaya Vidyalaya, Malhar since 20.07.2024 and it would be convenient for her to attend the case and the petitioner/husband has to travel half a way i.e. he could save at least 2 years of travelling. He further submits that looking to the convenience of both the parties and also the factor of the petitioner's old ill aged mother, the petitioner is seeking transfer of aforesaid two cases to District- Bilaspur (C.G.), which would cause no inconvenience to the respondent/wife living in Malhar, Bilaspur and a bit convenience for the petitioner, as he has to travel half a way, which could save time of both the parties and easy approachable for attending the Court proceedings, hence the said case be transferred.
5.
Learned counsel for the private respondent has pointed out that another case i.e. TPC No. 220/2024 was filed by the respondent, who is wife of the petitioner seeking transfer of case No. 722/2024 (Praveen Dadsena Vs. Smt Rajni Dadsena) under Section 24 of the Code of Civil Procedure, which was allowed on 21.01.2025 by a Co-ordinate Bench of this Court and the case which was pending at Durg, has been transferred to the Sakti and he states that if the aforesaid two cases are transferred to District Sakti, the respondent shall have no objection.
6. A query was made by this Court to the learned counsel for the
4 petitioner as the whether the cases which the petitioner seeks to be transferred to Bilaspur can be transferred to Sakti, as already one case between the parties is pending consideration at Sakti, Ms. Reena Singh learned counsel for the petitioner submits that the petitioner would have no objection, if the aforesaid two cases are transferred to Sakti.
7. Since, a Co-ordinate Bench of this Court has already transferred Case No. 722/2024 (Praveen Dadsena Vs. Smt. Rajni Dadsena), pending before learned Principal Judge, Family Court Durg, District Durg to the Family Court at Sakti, District Sakti, on a petition being filed by the respondent/wife, this Court deems it appropriate that Case No. 32/2024, pending before the learned Principal Judge, Sakti (in TPCr. No. 4/2025), be permitted to continue at Sakti itself and so far as the other case i.e. Criminal Case No. 302/2024 pending before the learned JMFC, Dabhra, District Janjgir- Champa, (in TPCr No.5/2025), the same be transferred to the Court of JMFC, Sakti, so that the above cases be tried at one place so that no inconvenience is caused to either of the parties. It is ordered accordingly.
8. Accordingly, TPCr. No. 4/2025 and TPCr. No. 5/2025, stand
disposed of. Sd/-
(Ramesh Sinha)
Chief Justice
Kunal