Smt. Mrigwasini Kurre Vs Gajanand Kurre

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2026:CGHC:16328

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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TPC No. 205 of 2024

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Digitally signed bySHOAIB SHOAIB ANWAR ANWAR Date:2026.04.09 17:03:26 +0530

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1 - Smt. Mrigwasini Kurre W/o Gajanand Kurre, Aged About 26 Years R/o Village-Ujiyarpur, Police Station Pondi, District-Koriya (C.G.) Presently Residing At Village-Khutarapara, Police Station And TahsilBaikunthpur, District-Koriya (C.G.)

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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, DistrictKoriya (C.G.) Presently Residing At Village-Khutarapara, Police Station And Tahsil- Baikunthpur, District-Koriya (C.G.)

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... Applicant /Petitioner(s)

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versus

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Gajanand Kurre S/o Late Shivnarayan, Aged About 28 Years R/o Mouharpara, Paradol, Police Station Jhagarakhand, District-Koriya (C.G.)

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... Non-applicant/Respondent(s)

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(Cause title taken from CIS)

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For Petitioner(s) : Shri Anil Kumar Gulati, Advocate.

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Hon’ble Shri Bibhu Datta Guru, Judge

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Order on Board

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09/04/2026

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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/nonapplicant.

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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.).

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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.

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It is alleged that soon after the marriage, the behaviour of the non-applicant was not proper and he used to ill-treat the

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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.

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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.

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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

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attend the proceedings at Manendragarh on each date of hearing.

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Heard learned counsel for the applicant/petitioner and perused the material available on record.

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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:-

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" 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.

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10 .Further, when two or more proceedings are pending in different Courts between the same parties which raise common question of fact and

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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.”

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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.

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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.

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11.Both the parties are directed to appear before the learned Family Court, Baikunthpur on 11.05.2026.

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Sd/-

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(Bibhu Datta Guru)

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Shoaib

Smt. Mrigwasini Kurre v. Gajanand Kurre

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Smt. Mrigwasini Kurre v. Gajanand Kurre

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