High Court Of ChhattisgarhTPCR/13/2017dismissed

Naresh Chandra Kurre v. State Of Chhattisgarh

2017-05-19Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Transfer Petition (Cr.) No.13 of 2017 Naresh Chandra Kurre S/o Late Shri Kashiram Kurre, aged about 50 years, by caste-Satnami, Permanent Address-Village & Post Boladula, Thana & Tahsil-Jaijapur, Civil & Revenue Distt.-JanjgirChampa (CG) present residence of A. Company IInd Battalion, Village and Post Sakari, Nagar Panchayat, Up-Tahsil and Police Outpost Sakari, Tahsil-Takhatpur, Thana-Chakarbhatha, Civil & Revenue Distt.-Bilaspur (CG) ---- Petitioner

Versus

1. State of Chhattisgarh Through the District Magistrate, Korba, Distt.-Korba (CG)

2. Smt.Deepmala Kurre W/o. Naresh Chandra Kurre, aged about 43 years, D/o Shri Dansay Satnami, By Caste Satnami, at present residence of Aasma Colony Sakari, Nagar Panchayat, Up-Tahsil and Police Outpost Sakari, Tahsil-Takhatpur, ThanaChakarbhatha, Civil & Revenue Distt.-Bilaspur (CG)

3. Bhupendra Kurre S/o. Shri Naresh Chandra Kurre, aged about 21 years, By Caste-Satnami, Permanent residence of Sakari, Nagar Panchayat, Up-Tahsil and Police Outpost Sakari, TahsilTakhatpur, Thana-Chakarbhatha, Civil & Revenue Distt.- Bilaspur (CG) ---Respondents For Petitioner :

Mr.Sunil Sahu, Advocate For Respondent No.1 :

Mr.U.N.S.Deo, G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 19/05/2017

1. The petitioner has filed this petition for transfer of his case from Family Court, Korba to Family Court, Bilaspur on the ground that his wife is also resident of Sakri, Distt.Bilaspur.

2. Learned counsel for the petitioner would submit that respondent No.2 is also resident of Sakari, Distt. Bilaspur,

therefore, the case be transferred from Family Court, Korba to Family Court, Bilaspur.

3. I have heard learned counsel for the petitioner and perused the documents appended with the petition.

4. Respondent No.2 has clearly mentioned that she is residing with her father at village Aamapali (Tilkeja), Tahsil Bhaisma, Distt.Korba and on that basis she has filed maintenance application at Family Court, Korba. Even otherwise, the petitioner's application questioning the jurisdiction has already been rejected by the Family Court, Korba on 25.2.2017, which has not been challenged by the petitioner.

5. The petitioner is constable. Respondent No.2/wife apprehending threat to her life has decided to stay with her father and filed maintenance application at Family Court, Korba. I do not find any good ground to entertain this petition for transfer. Accordingly, it is dismissed.

Sd/- (Sanjay K. Agrawal) JUDGE B/-