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2009 DIGILAW 1309 (RAJ)

Lalit Kala v. Shivpal Naga

2009-05-13

MAHESH CHANDRA SHARMA

body2009
JUDGMENT 1. - By moving transfer petition under Section 407 Cr.P.C. the petitioner has prayed to transfer the case bearing No. 103/2008 (Shivpal v. Lalitkala) pending in the Court of District and Sessions Judge, Sikar to the Court of District and Sessions Judge, Jhunjhunu. 2. In nutshell the facts of the case are that the petitioner lodged an F.I.R. No. 283/2007 at Police Station Nawalgarh District Jhunjhunu under Sections 498A and 406 I.P.C. 3. After investigation the police submitted charge-sheet against the respondent and other family members and the case is pending in the Court of ACJM, Nawalgarh bearing Case No. 340/2007 (State v. Bhanwar Lal & Ors.). One another case bearing No. 85/2007, (Smt. Lalitkala v. Shivpal Naga & Ors.) has also been filed by the petitioner under Section 12 of the Domestic Violence Act, 2005 (for short 'the Act of 2005) on 5.7.2007 which is pending in the Court of ACJM, Jhunjhunu. Thereafter, the respondent filed an application under Section 9 of the Hindu Marriage Act, 1955 (for short the Act of 1955) for restitution of conjugal rights, which is pending in the Court of District and Sessions Judge, Sikar. 4. Heard learned counsel for both the counsel appearing for the respective parties and carefully scanned the entire material made available to me. 5. Mr. D.V. Tholia, counsel for the petitioner submits that the petitioner is a lady and she belongs to a poor family. She is continuously receiving threatening from the respondent that either she will join to him otherwise she will have to face dire consequences. He further submits that there is a danger that she could be molested any time and it would be difficult for her and her family members to attend trial at the Court of native place of her husband as she is afraid of accused. He further submits that the case for demand of dowry and domestic violence against the woman filed by the petitioner at Nawalgarh in Jhunjhunu District, whereas for restitution of conjugal rights filed by the respondent (husband), in Sikar District. She is finding difficult to travel to place Kaliravan Ki Dhani to Sikar, where respondent (husband) has filed an application under Section 9 of the Act of 1955 so convenience of wife has to be given prime consideration. She is finding difficult to travel to place Kaliravan Ki Dhani to Sikar, where respondent (husband) has filed an application under Section 9 of the Act of 1955 so convenience of wife has to be given prime consideration. Thus the case of the present petitioner be transferred from the Court of District and Sessions Judge, Sikar to the Court of District and Sessions Judge, Jhunjhunu. 6. Mr. Harendra Sinsinwar, counsel for the respondent controverted the aforesaid submissions of Mr. Tholia and filed an affidavit in which it is mentioned that from Khirod village, Jhunjhunu is 45 kilometer whereas Sikar is 25 Kilometer and Sikar is appropriate place for conducting the trial of petitioner. 7. From. a bare perusal of the facts of the case and material made available to me, in my considered view as also in the interest of justice the case of petitioner requires consideration by this Court. 8. In the result, this criminal transfer petition is disposed of and in the interest of justice the case of the petitioner bearing No. 103/2008 (Shivpal v. Lalitkala) pending in the Court of District and Sessions Judge, Sikar is transferred to the Court of District and Sessions Judge, Jhunjhunu. Both the parties are directed to appear in the Court of District and Sessions Judge, Jhunjhunu on 25.5.2009.Petition disposed of. *******