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Rajasthan High Court · body

2016 DIGILAW 1811 (RAJ)

Payal W/o Jitendra Kumar v. Jitendra S/o Mool Chand

2016-12-14

ARUN BHANSALI

body2016
ORDER : Arun Bhansali, J. 1. This transfer petition has been filed by the wife seeking transfer of proceedings pending before the Addl. District Judge No. 1, Barmer to the Family Court No. 1, Jodhpur. 2. It is inter-alia submitted that the petitioner lodged a FIR under Section 498A & 406 IPC and also initiated proceedings under the Protection of Women from Domestic Violence Act, 2005 ('the Act, 2005) and, thereafter, the respondent initiated proceedings under Section 9 of the Hindu Marriage Act, 1955 at Barmer. 3. It is submitted that since the proceedings initiated by the petitioner are already pending at Jodhpur, there is no reason for the respondent to have initiated proceedings at Barmer so as to harass the petitioner. 4. Learned counsel for the respondent submits that the proceedings have been initiated at Barmer as the courts at Barmer have the jurisdiction and merely because the petitioner has initiated proceedings at Jodhpur, by itself cannot be a reason for filing the proceedings/transfer the same at Jodhpur. 5. I have considered the submissions made by the learned counsel for the parties and have perused the material available on record. 6. It is not in dispute that the petitioner first initiated the proceedings at Jodhpur pertaining to the matrimonial dispute and proceedings initiated by her under the provisions of Section 125 Cr.P.C. are pending before the Family Court No. 1, Jodhpur and the proceedings under the Act of 2005 are pending before the District Magistrate, Jodhpur, besides the criminal proceedings which are also pending. 7. In view of the fact that respondent is already attending the hearing at Jodhpur in the pending matters, it would be in the interest of both the parties that matter pending in the court of Addl. District Judge No. 1, Barmer is transferred to Jodhpur and it is expected of the Family Court No. 1, Jodhpur to fix same date in the pending matters. 8. In view of the above discussion, the transfer petition filed by the petitioner is allowed. Civil Misc. Case No. 142/2014 - Jitendra v. Smt. Payal pending before the Addl. District Judge No. 1, Barmer is ordered to be transferred to Family Court No. 1, Jodhpur. The record of the case be transferred by the court of Addl. District Judge No. 1, Barmer to Family Court No. 1, Jodhpur immediately. Civil Misc. Case No. 142/2014 - Jitendra v. Smt. Payal pending before the Addl. District Judge No. 1, Barmer is ordered to be transferred to Family Court No. 1, Jodhpur. The record of the case be transferred by the court of Addl. District Judge No. 1, Barmer to Family Court No. 1, Jodhpur immediately. The parties shall remain present before the Family Court No. 1, Jodhpur on 20.1.2017.