[Cites 3, Cited by 0]
Chattisgarh High Court
Smt. Mrigwasini Kurre vs Gajanand Kurre on 9 April, 2026
1
2026:CGHC:16328
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
TPC No. 205 of 2024
1 - Smt. Mrigwasini Kurre W/o Gajanand Kurre, Aged About 26 Years
Digitally
signed by
SHOAIB
SHOAIB ANWAR
R/o Village-Ujiyarpur, Police Station Pondi, District-Koriya (C.G.)
ANWAR Date:
2026.04.09
17:03:26
Presently Residing At Village-Khutarapara, Police Station And Tahsil-
+0530
Baikunthpur, District-Koriya (C.G.)
2 - Arusi Kurre D/o Gajanand Kurre, Aged About 1 Years Minor
Through Natural Guardian Mother Smt. Mrigwasini Kurre
(Petitioner No.1), R/o Village-Ujiyarpur, Police Station Pondi, District-
Koriya (C.G.) Presently Residing At Village-Khutarapara, Police
Station And Tahsil- Baikunthpur, District-Koriya (C.G.)
... Applicant /Petitioner(s)
versus
Gajanand Kurre S/o Late Shivnarayan, Aged About 28 Years R/o
Mouharpara, Paradol, Police Station Jhagarakhand, District-Koriya
(C.G.)
... Non-applicant/Respondent(s)
(Cause title taken from CIS)
For Petitioner(s) : Shri Anil Kumar Gulati, Advocate.
Hon'ble Shri Bibhu Datta Guru, Judge
Order on Board
09/04/2026
1. Heard Shri Anil Kumar Gulati, learned counsel for the
applicants/petitioners. Despite service of notice to the
respondent no one appeared on behalf of respondent/non-
applicant.
2. The instant petition has been filed under Section 24 of the Code
of Civil Procedure, 1908 by the petitioners/applicants seeking
transfer of M.J.C. No. 15/2021 (arising out of proceedings under
Section 125 of CrPC) pending before the learned Family Court,
Manendragarh, District Koriya (now Manendragarh-Chirmiri-
Bharatpur (C.G.) to the learned Family Court, Baikunthpur,
District Koriya (C.G.).
3. The applicant No.1 and the non-applicant are legally wedded
spouses, whose marriage was solemnized on 24.08.2018 at
Village Ujiyarpur in accordance with customary rites and rituals.
Out of the said wedlock, they have been blessed with a daughter,
i.e., applicant No.2.
4. It is alleged that soon after the marriage, the behaviour of the
non-applicant was not proper and he used to ill-treat the
applicant No.1. Due to matrimonial discord, the applicant No.1
was compelled to initiate proceedings under Section 125 of CrPC
before the learned Family Court, Manendragarh, which was
registered as M.J.C. No. 15/2021.
5. The learned Family Court, Manendragarh, vide order dated
19.05.2022, awarded maintenance of Rs.4,000/- per month in
favour of the applicants (Rs.2,000/- each). However, it is alleged
that the non-applicant has failed to comply with the said order,
compelling the applicants to initiate recovery proceedings in the
said case.
6. Learned counsel for the petitioners submits that initially she was
residing at Village Ujiyarpur, District Koriya and filed the
proceeding under Section 125 of Cr.P.C. before Family Court
Manendrgarh, but presently the applicant No.1 along with her
minor daughter is residing at Village Khutarapara at her sister's
house due to her poor financial condition. It is further submitted
that the distance between Khutarapara and Manendragarh is
approximately 60 kilometers, whereas the distance between
Khutarapara and Baikunthpur is merely about 4-5 kilometers. It
is also submitted that the applicant No.1 has no independent
source of income and has the responsibility of taking care of her
minor daughter, due to which it is extremely difficult for her to
attend the proceedings at Manendragarh on each date of
hearing.
7. Heard learned counsel for the applicant/petitioner and perused
the material available on record.
8. In the matter of N.C.V. Aishwarya Vs. A.S. Saravana Karthik
(2022 SCC Online SC 1199) the Hon'ble Supreme Court has
observed that generally it is wife's convenience which must be
looked at while considering transfer. The relevant portion of the
aforesaid judgment is reproduced hereunder:-
"9. The cardinal principle for exercise of power
under section 24 of the Code of Civil Procedure is
that the ends of justice should demand the
transfer of the suit, appeal or other proceeding.
In matrimonial matters, wherever Courts are
called upon to consider the plea of transfer, the
Courts have to take into consideration the
economic soundness of both the parties, the
social strata of the spouses and their
behavioural pattern, their standard of life prior
to the marriage and subsequent thereto and the
circumstances of both the parties in eking out
their livelihood and under whose protective
umbrella they are seeking their sustenance to
life. Given the prevailing socio-economic
paradigm in the Indian society, generally, it is the
wife's convenience which must be looked at
while considering transfer.
10.Further, when two or more proceedings are
pending in different Courts between the same
parties which raise common question of fact and
law, and when the decisions in the cases are
interdependent, it is desirable that they should
be tried together by the same Judge so as to
avoid multiplicity in trial of the same issues and
conflict of decisions."
9. Having regard to the submissions made and considering the fact
that the applicant No.1 is residing with her sister along with her
minor child, has no independent source of income, and the
distance between her present place of residence and
Manendragarh is substantial as compared to Baikunthpur, this
Court is of the opinion that the balance of convenience lies in
favour of the applicants.
10. Accordingly, the transfer petition is allowed. M.J.C. No. 15/2021
pending before the learned Family Court, Manendragarh,
District Koriya (now Manendragarh-Chirmiri-Bharatpur (C.G.) is
hereby transferred to the learned Family Court, Baikunthpur,
District Koriya (C.G.) for its trial and disposal in accordance with
law.
11.Both the parties are directed to appear before the learned
Family Court, Baikunthpur on 11.05.2026.
Sd/-
(Bibhu Datta Guru)
JUDGE
Shoaib
