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2021 DIGILAW 728 (RAJ)

Pinky v. Surendra Kumar

2021-03-30

ARUN BHANSALI

body2021
ORDER 1. This transfer application has been filed by the petitioner seeking transfer of matrimonial proceedings pending before the Court of Addl. District Judge, Camp Court Nasirabad to the Court of Addl. District Judge, Bali, District Pali. 2. It is inter alia indicated in the application that the parties entered into wedlock on 12.5.2019 at Falna, District Pali. Allegations have been made regarding maltreatment and physical torture, based on which, FIR was lodged by the petitioner at Police Station Falna, District Pali. 3. After the investigation, the police has filed charge-sheet under provisions of Section 498-A and 406 IPC. Cognizance has been taken and matter is fixed for arguments on the charges.Further submissions have been made that the petitioner has initiated proceedings under Section 125 Cr.P.C, which are pending before the ACJM, Bali, District Pali. 4. It is alleged that by way of counter-blast, the respondent though initially filed proceedings under Section 9 of the Hindu Marriage Act, 1955 ('the Act'), withdrew the same and has now filed proceedings under Section 13 of the Act before the court at Nasirabad. 5. Submissions have been made that the petitioner, who is living with her father, is not in a position to attend the hearing at Nasirabad, inasmuch as, her mother has expired and father is a pensioner having retired from Electricity Department, and as such there is no one in her family to accompany her to Nasirabad for each date of hearing. 6. As the place is about 250 kms away from her residence and, therefore, the proceedings may be ordered to be transferred from Nasirabad to courts at Bali, District Pali. 7. The application has been contested by the respondent inter alia with the submissions that father of the respondent is suffering from cancer and one of his brother has died and the mother is also suffering from certain ailments and, therefore, for him also it is no possible to visit courts at Bali, District Pali from time to time. 8. Submissions have also been made contesting the allegations made regarding the maltreatment and/or any kind of harassment caused to the petitioner, it is prayed that the application be dismissed. 9. I have considered the submissions made by learned counsel for the parties and have perused the material available on record. 10. 8. Submissions have also been made contesting the allegations made regarding the maltreatment and/or any kind of harassment caused to the petitioner, it is prayed that the application be dismissed. 9. I have considered the submissions made by learned counsel for the parties and have perused the material available on record. 10. Both the sides have made submissions with regard to difficulties being faced by them in attending the hearing at the place where the other side wants the matter to be heard. The offer made by the Court for mediation has been denied by the petitioner on account of the nature of allegations made in the petition under Section 13 of the Act pertaining to adultery, however, the respective submissions made by both the parties have not been denied. 11. Looking to the fact that already proceedings in criminal cases are pending before the courts at Bali, District Pali, initiated by the petitioner, wherein, charge-sheet has been filed against the respondent and proceedings under Section 125 Cr.P.C. are also pending, it would be in the interest of both the parties that all the matters are heard at one place. 12. In view thereof, the petition filed by the petitioner is allowed. Case No.20/2020 (Surendra Kumar v. Pinky) pending before the Court of Addl. District Judge, Camp Court, Nasirabad, District Ajmer is ordered to be transferred to the Court of Addl. District Judge, Bali, District Pali. 13. The parties shall appear before the Court at Bali, District Pali on 06.04.2021, which is the date fixed in the criminal matter. 14. The court at Nasirabad is directed to remit the record to the court at Bali, District Pali, immediately.