1 - Pankaj Dahire S/o Shri Dalchand Dahire Aged About 36 Years (Employee With v. 1
Case Details
1 2025:CGHC:25364 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 77 of 2025 1 - Pankaj Dahire S/o Shri Dalchand Dahire Aged About 36 Years (Employee With Chhattisgarh State Government), Resident Of Pandariya Road, Azad Nagar, Tahsil Takhatpur District Bilaspur Chhattisgarh --- Petitioner versus 1 - Smt. Prerna Aahire W/o Pankaj Dahire Aged About 34 Years D/o Shri Mela Ram Aahire, R/o G-12, Gomti Vihar, Amlidih, Police Station Rajandra Nagar Raipur (C.G.) Permanent Address Village Utka Navagaon, Police Station Fastarpur, Mungeli, District Mungeli, Chhattisgarh, Presently Posted At Baikunthpur, District Koriya (C.G.) --- Respondent TPC No. 72 of 2025
Legal Reasoning
1 - Smt. Prerna Ahire W/o Pankaj Dahire Aged About 34 Years Caste- Satnami, Occupation- Job (Judicial Magistrate), R/o - Azad Nagar, Pandaria Road, Takhatpur, District- Bilaspur, Presently Residing Civil Line, Kachharipara Baikunthpur, District- Koriya (C.G.) ---Petitioner Versus 1 - Pankaj Dahire S/o Dalchand Dahire Aged About 37 Years Profession - Job (Additional Collector And Sub-Divisional Officer Mainpur, District- Gariaband), R/o Azad Nagar, Pandaria Road, Takhatpur, District- Bilaspur (C.G.) --- Respondent 2 TPC No. 81 of 2025 1 - Pankaj Dahire S/o Shri Dalchand Dahire Aged About 37 Years (Employed With Chhattisgarh State Government), R/o Pandariya Road, Azad Nagar, Tahsil - Takhatpur, District- Bilaspur, Chhattisgarh. ---Petitioner Versus 1 - Smt. Prerna Ahire W/o Pankaj Dahire Aged About 34 Years D/o Shri Mela Ram Aahire, Occupation - Ii Civil Judge Senior Division, Place - Civil Line, Kachari-Para, Baikunthpur, District- Koriya, C.G., R/o Azad Nagar, Pandariya Road, Tahsil - Takhatpur, District- Bilaspur, Chhattisgarh. 2 - Master Vedant Dahire S/o Pankaj Dahire Aged About 3 Years Minor Represented Through Mother I.E. Smt. Prerna Aahire, W/o Pankaj Dahire, Occupation - Ii Civil Judge Senior Division, Place - Civil Line, Kachari-Para, Baikunthpur, District- Koriya, C.G., R/o Azad Nagar, Pandariya Road, Tahsil - Takhatpur, District- Bilaspur, Chhattisgarh. --- Respondents -------------------------------------------------------------------------------------------------- For Petitioner / Husband : Mr. Ravi Bhagat, Advocate in all three cases For Respondent / Wife : Mr. Shakti Raj Sinha, Advocate. in all three cases ----------------------------------------------------------------------------------------------------- Hon’ble Mr. Justice Naresh Kumar Chandravanshi Order on Board 18/06/2025 1. Since all the transfer petitions have been filed by husband & wife seeking transfer of Case No. 36-A/2025 (Prerna Ahire Vs. Pankaj Dahire) , Civil Suit No. 211-A /2025 (Pankaj Dahire Vs. Prerna Ahire) & MJC Case No. 674 /2025 (Prerna Ahire Vs. Pankaj Dahire) filed against each other in different places, therefore, all the transfer petitions are being heard analogously and decided by this common order. 3 2. Petitioner /husband has preferred TPC No. 77 /2025 under Section 24 of the Civil Procedure Code, 1908 (henceforth 'CPC') for transfer of MJC Case No. 36-A / 2025 (Pankaj Dahire Vs. Smt. Prerna Aahire) pending before Family Court, Baikhuthpur, District Koriya (C.G.) to the Family Court, Bilaspur (C.G.) 3. Petitioner/husband has preferred TPC No. 81 /2025 under Section 24 of the Civil Procedure Code, 1908 for transfer of MJC Case No. 674 /2025 (Smt. Prerna Ahire & another Vs. Pankaj Dahire) pending before the Family Court, Baikunthpur, District Koriya to the Family Court, Bilaspur, District Bilaspur. 4. Whereas, petitioner/wife has preferred TPC No. 72 /2025 under Section 24 of the Civil Procedure Code, 1908 for transfer of Civil Suit No. 211-A /2025 (Pankaj Dahire Vs. Smt. Prerna Ahire) pending before the Principal Judge, Family Court, Bilaspur, District Bilaspur to the Family Court, Baikunthpur, District Koriya (C.G.). 5. Mr. Shakti Raj Sinha, learned counsel for the petitioner/wife Smt. Prerna Ahire– in TPC No. 72 / 2025 would submit that marriage between the parties was solemnized on 03.12.2017 as per Hindu customs and rituals at Raipur and for few years their relations was good, therefore, they have been blessed with a male child aged about 2 ½ year at present. He further submits that after birth of child, their relations became sore on various counts, therefore, both the parties are leaving apart. He further submits that wife is posted on the post of Judicial Officer at Baikunthpur, District Koriya wheres husband is posted on the post of Joint Collector, Mainpur, District Gariaband. He further submits that husband filed divorce petition bearing 4 Civil Suit No. 211-A/2025 before Principal Judge, Family Cout, Bilaspur, subsequently, wife – Smt. Prerna Ahire filed application under Section 9 of the Hindu Marriage Act, 1955 bearing MJC Case No. 36-A/2025 before Family Court, Baikunthpur, District Koriya. She has also filed an application under Section 144 of the BNSS for seeking maintenance bearing MJC Case No. 72/2025 before Family Court, Baikunthpur. He further submits that distance between Baikunthput to Bilaspur is 225 kms., therefore, it would be difficult for wife to go to Bilaspur to attend hearing in divorce petition whereas husband has to come to Baikuntpur attend hearing in two cases i.e. restitution of conjugal rights and maintenance case. 6. On the other hand, Mr. Ravi Bhagat, counsel for the husband- Pankaj Dahire conceded aforesaid facts. He further submits that place of posting of wife - Smt. Prerna Ahire is Baikunthpur, District Koria whereas place of posting of husband – Pankaj Dahire is at Mainpur, District Gariyaband and distance between these two places are about 505 kms. 7. Referring to the distance between place of posting of both the parties, learned counsel appearing for the parties would jointly submit that since both the parties have filed cases against each other and they are posted on the higher posts, therefore, they jointly prayed that all three cases filed by both the parties against each other i.e. first Divorce Case / Civil Suit No. 211-A/2025 filed by husband before Family Court, Bilaspur, second application filed under Section 9 of the Hindu Marriage Act bearing Civil Suit No. 36-A/25 filed by wife before Family Court, Baikunthpur, District Koriya and third Maintenance Case bearing MJC No. 72/2025 filed by wife before Family Court, Baikunthpur, District Koriya be transferred to Raipur, which would be convenient for both the parties. 5 8. Having considered joint prayer made by counsel for both the parties; and further considering the place of posting of both the parties, joint prayer made by their counsel to transfer all three cases at court of Raipur is found to be appropriate on all counts. As such, all the transfer petitioners deserve to be allowed in part. 9. Consequently, all the instant transfer petitions are allowed in part. It is ordered that Divorce Case / Civil Suit No. 211-A/2025 filed by husband before Principal Judge, Family Court, Bilaspur, application filed under Section 9 of the Hindu Marriage Act bearing Civil Suit No. 36-A/25 filed by wife before Family Court, Baikunthpur, District Koriya and Maintenance Case bearing MJC No. 72/2025 filed by wife before Family Court, Baikunthpur, District be transferred to the Principal Judge, Family Court, Raipur. The Principal Judge, Family Court Bilaspur & Judge, Family Court, Baikunthpur, District Koria are directed to transmit the record of the above cases to the court of Principal Judge, Family Court, Raipur within a period of 15 days. 10. The Principal Judge, Family Court, Raipur is directed to expedite the trial of all the cases and conclude the same expeditiously preferably within period of four months from the date of receipt of the record from transferring Court. 11.
Decision
Pending interim application, if any, stands disposed of. No order as to costs. Amit/- AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.06.25 16:32:56 +0530 Sd/- (Naresh Kumar Chandravanshi) Judge 6