Bindiya Dansena v. Rakesh Dansena), pending before the Court of learned Family Court, Raigarh
Case Details
1 2025:CGHC:2253 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPC No. 207 of 2024 1 - Smt. Bindiya Dansena D/o Parasram Ijardar Aged About 32 Years W/o Rakesh Dansena, Occupation- Nothing, R/o Village- Godam, Tahsil Sarangarh, District : Sarangarh-Bilaigarh, Chhattisgarh Versus ... Applicant 1 - Rakesh Dansena S/o Mahesh Lal Dansena Aged About 38 Years Occupation- Business, R/o Village- Chhapora, Tahsil- Pusaur, District : Raigarh, Chhattisgarh ... Non-Applicant For Applicant
Legal Reasoning
: Mr. Roop Ram Naik, Advocate For Non-applicant : Mr. Prem Shankar Yadav, Advocate Hon'ble Shri Parth Prateem Sahu, Judge SB: ORDER ON BOARD 14/01/2025 1. 2. Petitioner (wife) has filed this transfer petition under Section 24 of the Code of Civil Procedure seeking prayer for transfer of Cr.M.J.C. No. F 109/2023 (Bindiya Dansena vs. Rakesh Dansena), pending before the Court of learned Family Court, Raigarh, District – Raigarh to the Court of learned Upper District Judge, Sarangarh/Family Court Sarangarh, District Sarangarh- Bilaigarh (C.G.). Brief facts of the case are that marriage of petitioner and the respondent was solemnized on 26.04.2016 according to Hindu customs. Petitioner filed an application under Section 125 of the Cr.P.C. pleading that respondent deserted her. At present, petitioner is living separately in her parental house at village Godam, Tahsil - Sarangarh, District Sarangarh-Bilaigarh (C.G). BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN 3. Learned counsel for petitioner submits that the petitioner is residing at Village 2 Godam and had filed an application under Section 125 of the Cr.P.C. for grant of maintenance before the Family Court, District – Raigarh which is pending consideration and it is at the stage of recording of evidence of the applicant. He submits that the petitioner at present is residing in her parents house at village Godam, her mother died and father is aged about 70 years. From her place of residence, Raigarh is about 40 kms., whereas, the Court at Sarangarh where she is intending to get the the application to be transferred is only 20 kms. One appeal against the order of Magistrate passed under the Protection of Women from Domestic Violence Act, 2005 (hereinafter for brevity referred to as the Act, 2005) is also pending consideration before the Additional District and Sessions Judge, Sarangarh and for the reasons stated above, it will be appropriate and in the interest of the parties, if the application pending under Section 125 Cr.P.C. pending before the Family Court, District – Raigarh be transferred to the Court at Sarangarh to be tried at same place. 4. On the other hand, learned counsel for the respondents opposes the submission of the counsel for the applicant and would submit that it is the petitioner herself who has filed an application under Section 125 of Cr.P.C. before the Family Court, Raigarh, District – Raigarh and therefore, no ground is made out for transfer of the case. However, he do not dispute the submission of the counsel for the petitioner that one proceeding under the Act, 2005 is pending consideration before the Court of Additional District and Sessions Judge, District – Sarangarh-Bilaigarh. 5. I have heard learned counsel for parties and perused the documents placed on record. 6. Submission of learned counsel for petitioner is that she is residing in her parents house at Village – Godam, District – Sarangarh-Bilaigarh and its distance from Sarangarh is not disputed/ opposed by learned counsel for respondent in specific terms. One appeal under the Act, 2005 is pending in the Court at Sarangarh is also not in dispute. 3 7. Convenience of the wife to attend the case is also one of the considerations at the time of deciding transfer petition. Hon’ble Supreme Court in case of of N.C.V. Aishwarya vs. A.S. Saravana Karthik reported in 2022 SCC Online SC 1199, has held as under:- "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.” 8. Hon'ble Supreme Court in the matter of Sumita Singh vs. Kumar Sanjay and another, reported in (2001) 10 SCC 41 has observed that if husband files suit against wife, then convenience of wife must be looked into. Hon'ble Supreme Court in the matter of Rajani Kishor Pardeshi vs. Kishore Babulal Pardeshi, reported in (2005) 12 SCC 237 has observed that the convenience of wife is to be preferred over the convenience of the husband. 9. Considering the facts and circumstances of the case, in light of the of law laid down by the Hon’ble Supreme Court, in the opinion of this Court, it is a fit case for transfer of the case as prayed for by petitioner/wife. 10. Learned counsel for the parties jointly submitted that petitioner sought transfer of the case to the Family Court at Sarangarh, however, as of now learned Family Court is not functioning there and all the cases for grant of maintenance are being heard by the Judicial Magistrate, Sarangarh, District Sarangarh-Bilaigarh. 11. Accordingly, this transfer petition is allowed. It is ordered that Cr.M.J.C. No. F 109/2023 (Bindiya Dansena vs. Rakesh Dansena), pending before learned 4 Family Court, Raigarh, District - Raigarh be transferred to Court of Magistrate, Sarangarh, District Sarangarh-Bilaigarh. 12. The Family Court, Raigarh, District – Raigarh is directed to transfer the record of the above case to the Court of Magistrate, Sarangarh-Bilaigarh forthwith. Parties are directed to appear before the court of Magistrate, Sarangarh-Bilaigarh on 11.02.2025. 13. 14. Dey The learned Magistrate, Sarangarh-Bilaigarh will make all endevours to conclude the proceedings of the case at the earliest subject to co-operation by the parties. Registry of this Court is directed to send the copy of order to the Family Court, Raigarh, District – Raigarh for necessary action. Sd/- (Parth Prateem Sahu) Judge