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2015 DIGILAW 1609 (RAJ)

Richa v. Gajendra Singh

2015-09-01

ARUN BHANSALI

body2015
JUDGMENT : Arun Bhansali, J. This petition under Section 24 CPC has been filed by the petitioner-wife seeking transfer of proceedings pending before the Family Court No.1, Jodhpur to the Family Court, Bikaner. 2. It is, inter alia, indicated that the petitioner has initiated proceedings under Section 125 Cr.P.C., and criminal proceedings under Sections 498-A & 406 IPC, which are also pending at Bikaner and the respondent has initiated proceedings under Sections 13 and 10 of the Hindu Marriage Act, 1955 before the Family Court, Jodhpur. 3. It is submitted that besides the fact that the distance between Jodhpur and Bikaner is about 250 Kms. and there is no male member in the family to accompany the petitioner regularly, it is inconvenient for her to travel to Jodhpur every time the matter is listed and, therefore, the matter deserves to be transferred from Jodhpur to Bikaner. 4. The petition is opposed by the respondent, inter alia, with the averments that the petitioner is aged about 28 years and, therefore, does not require any escort for coming to Jodhpur and, therefore, the petition deserves to be dismissed. 5. I have considered the submissions made by learned counsel for the parties and have perused the material placed on record. 6. It is not in dispute that two proceedings initiated by the petitioner are already pending before the Courts at Bikaner and the respondent has initiated proceedings at Jodhpur. The respondent is already attending the proceedings at Bikaner and, therefore, it cannot be said that it would be inconvenient for the respondent in attending yet another proceedings at Bikaner, date whereof may be coupled with the other proceedings. 7. In view of the above, the petition filed by the petitioner is allowed. The Civil Misc. Case No.318/2014 (Gajendra Singh v. Richa) pending before the Family Court No.1, Jodhpur is ordered to be transferred to the Family Court, Bikaner. 8. The parties shall appear before the Family Court, Bikaner on 28.09.2015 (the date indicated by the learned counsel for the petitioner as the date fixed in proceedings under Section 125 Cr.P.C.). 9. The Family Court No.1, Jodhpur is directed to transmit the record to the Family Court, Bikaner immediately. 10. 8. The parties shall appear before the Family Court, Bikaner on 28.09.2015 (the date indicated by the learned counsel for the petitioner as the date fixed in proceedings under Section 125 Cr.P.C.). 9. The Family Court No.1, Jodhpur is directed to transmit the record to the Family Court, Bikaner immediately. 10. It is submitted by learned counsel for the respondent that the petitioner has been very irregular in attending the hearings before the Courts, resulting in the fact that the petitioner is required to unnecessary commute for the proceedings, which is inconvenient to him. 11. It is made clear that if the petitioner defaults in making appearance before the Family Court, Bikaner, the Family Court, Bikaner would be free to take appropriate proceedings to proceed with the matter in absence of the petitioner.