1 2026:CGHC:2573 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPCR No. 24 of 2025 1 - Smt. Chetna @ Anima Dewangan W/o Jitendra Kumar Dewangan Aged About 35 Years R/o Village And Post Devri Tahsil Doundilohara, District - Balod (C.G.) 2 - Isan Dewangan S/o Jitendra Kumar Dewangan Aged About 12 Years Through Natural Guardian Mother Smt. Chetna @ Anima Dewangan R/o Village And Post Devri Tahsil Doundilohara District - Balod (C.G.) ... Petitioner(s) versus Jitendra Kumar Dewangan Aged About 43 Years Occupation Assistant Grade - 3 Posted At O8ce Of The Assistant Commissioner, Scheduled Caste, Scheduled Tribe And Backward Class Welfare Department, Kanker District - Noth Bastar Kanker (C.G.) ---- Respondent(s) (Cause-title taken from Case Information) For Petitioners : Mr. Rajbahadur Singh, Advocate. For Respondent : Mr. Shreyansh Pathak, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.01. 2026 1. Heard Mr. Rajbahadur Singh, learned counsel for the petitioners. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Also heard Mr. Shreyansh Pathak, learned counsel, appearing for the respondent. 2. The present transfer petition has been >led by the petitioners with the following prayers: It is, therefore, most respectfully prayed before this Hon'ble Court as under:- 1. That, may kindly be pleased to allow this petition led by the petitioner. 2.That, the Hon'ble Court may kindly be pleased to transfer the Cr. mjc no. 196/2021, 1119/2022, 984/2023, 1105/2022, 450/2024 & 1484/2024 (Smt. Chetna @ Anima Dewangan & Another vs. Jitendra Kumar Dewangan) led by the petitioner under section 125(3) of the Cr.P.C. for recovery of the maintenance which is pending before the learned Family court Durg, Dist. Durg to family court, Balod, Dist. Balod (C.G.), in the interest of justice.” 3. Facts of the case are that the marriage of petitioner No. 1 was solemnized with the respondent on 23.04.2012 according to Hindu customary rites. After the marriage, both started living together, and out of the said wedlock, petitioner No. 2 was born on 24.09.2013. Thereafter, the respondent and his family members subjected petitioner No. 1 to cruelty, demanded dowry, and also made false allegations against her. On account of the demand of dowry, petitioner No. 1 was subjected to physical and mental cruelty by the respondent and his family members. 3 The respondent intended to marry another woman and, therefore, without any fault on the part of petitioner No. 1, he ousted her and their minor son from the matrimonial home. Consequently, petitioner No. 1 was compelled to live separately, and the respondent/husband has neither made any eBort to meet them nor taken steps to bring her back. Due to the continuous torture by the respondent and his family members, petitioner No. 1 started residing at her parental house and >led an application under Section 125 of the Cr.P.C. seeking maintenance from the respondent. The said application was allowed vide order dated 03.02.2018 passed by the learned Third Additional Principal Judge, Family Court, Durg, in M.Cr.C. No. 332/2015, granting maintenance of Rs. 8,000/- per month to the petitioners. In order to avoid payment of the maintenance amount, the respondent >led an application under Section 9 of the Hindu Marriage Act, 1955. However, the said application was dismissed for want of prosecution. The application under Section 9 was >led only with the intention to evade payment of maintenance. The respondent thereafter established contact with another woman, with whom he intended to marry, and consequently >led an application seeking a decree of divorce by leveling false allegations against petitioner No. 1, which was allowed vide judgment and decree dated 23.12.2020. Being aggrieved by the judgment and decree dated 23.12.2020, the petitioners >led an appeal before a Co-ordinate Bench of this Court, which was allowed vide judgment dated 31.01.2023 passed in FA (MAT) No. 6/2021. The Co-ordinate Bench of this Court quashed the judgment and decree dated 23.12.2020 passed by the Family Court and passed the 4 order regarding maintenance as under: [Quoted paragraphs 21 to 23 as reproduced in petition] Despite the grant of maintenance by the Family Court, the respondent has failed to pay the same. Consequently, the petitioner >led applications under Section 125(3) of the Cr.P.C. for recovery of the maintenance amount before the Family Court, Durg, in the years 2021, 2022, 2023, and 2024, which are pending consideration in Cr.M.J.C. Nos. 196/2021, 1119/2022, 984/2023, 1105/2022, 450/2024, and 1484/2024 (Smt. Chetna @ Anima Dewangan & Another vs. Jitendra Kumar Dewangan). 4. Learned counsel for the petitioner submits that despite repeated orders passed by the learned Family Court as well as by the Division Bench of this Court, the respondent had been deliberately avoiding payment of maintenance, on account of which the petitioners were constrained to >le multiple applications under Section 125(3) of the Cr.P.C. before the Family Court, Durg. It is submitted that all such proceedings have already been disposed of, except Cr.M.J.C. No. 450/2024 and Cr.M.J.C. No. 1484/2024, which are presently pending. He further submits that the petitioner No.1 is residing with her minor child at her parental house at Village Devri, District Balod, and the distance between Village Devri and the Family Court, Durg, is about 60 kilometers, causing serious hardship to the petitioner No.1 in attending the proceedings. It is further submitted that earlier there was no Family Court at Balod, however, now a Family Court has been constituted at District Balod where the petitioner resides. He also submits that in compliance 5 with the order dated 16.12.2025 passed by this Court, deduction of Rs. 12,000/- per month towards maintenance, as directed by the Division Bench in F.A. (MAT) No. 06/2021, has now commenced from the respondent’s salary. Hence, the present prayer is con>ned only to transfer Cr.M.J.C. No. 450/2024 and Cr.M.J.C. No. 1484/2024 which are presently pending, from the Family Court, Durg, to the Family Court, Balod, in the interest of justice and for the convenience of the petitioners. 5. On the other hand, learned counsel appearing for the respondent opposed the submission as advanced by the learned counsel for the petitioner. 6. I have heard learned counsel for the parties and perused the pleadings and prayers made in the transfer petition. 7. Considering the fact that petitioner No.1, being a lady, is residing along with her minor child at Village Devri, District Balod, and that the distance between the said place and the Family Court, Durg, is approximately 60 kilometers, which causes serious hardship and inconvenience to petitioner No.1 in attending the proceedings, further considering that a Family Court has now been constituted at District Balod, where the petitioner are residing, further considering that all other proceedings between the parties under Section 125(3) of the Cr.P.C. have already been disposed of except Cr.M.J.C. No. 450/2024 and Cr.M.J.C. No. 1484/2024 and in compliance with the order passed by the Division Bench of this Court in F.A. (MAT) No. 06/2021, maintenance of Rs. 12,000/- per month has now commenced to be deducted from the salary of the respondent. In view of the above facts and circumstances of 6 the case, the learned Principal Judge, Family Court, Durg, District Durg (C.G.), is directed to transmit the entire record of Cr.M.J.C. No. 450/2024 and Cr.M.J.C. No. 1484/2024 to the learned Principal Judge, Family Court, Balod, District Balod (C.G.), within a period of two weeks from the date of production of a certi>ed copy of this order. 8. With the aforesaid observations and directions, the present transfer petition stands allowed. 9. In compliance with the order of this Court dated 16.12.2025, Mr. Gaind Lal Churendra, Chief Executive O8cer, Janpad Panchayat Bhanupratappur, appeared before this Court when the matter was taken up for hearing. His presence is duly recorded, and he is hereby discharged from further personal appearance in the present proceedings. 10. O8ce is directed to send a certi>ed copy of this order to the Family Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal