The court emphasized that jurisdictional objections can be raised when a final report is filed into court, making out a case for taking cognizance.

ORDER

1. Transfer Petition (Crl.) No.437 of 2021 is filed by the parents-in-law and the husband of respondent No.2 herein, seeking a transfer of Criminal Case No. Nil of 2021 (FIR No.51/2021) registered for offences punishable under Section 498-A read with Section 34 IPC, Mahila Thana, Bilaspur, Chhattisgarh, from the jurisdiction of the Court of Additional Sessions Judge, Bilaspur, Chhattisgarh to the jurisdiction of Additional District and Sessions Judge, Jaipur, Rajasthan. Transfer Petition (C) No.1206 of 2021 is filed by the wife seeking transfer of a divorce petition filed by the respondent-husband, now pending before the Family Court, Judge No.1, Jaipur, Mahanagar Jaipur, Rajasthan to the Family Court, Bilaspur, Chhattisgarh.

2. We have heard Ms. Shobha Gupta, learned counsel appearing for the husband and parents-in-law who are the petitioners in Transfer Petition (Crl.) No.437 of 2021 and Shri Sameer Shrivastava, learned counsel appearing for the wife who is the petitioner in Transfer Petition (C) No.1206 of 2021.

3. What is sought to be transferred by the husband and parents-in-law is just a criminal complaint which is now being investigated by the Mahila Thana, Bilaspur, Chattisgarh. This criminal complaint was lodged by the wife for alleged offences punishable under Section 498-A read with Section 34 IPC.

4. At the outset, it should be pointed out that nothing is pending before any Court as on date. Unless and until the investigation is complete and a final report is filed before the Court, the Court may not have a role to play. According to Ms. Shobha Gupta, learned counsel for the husband and parents-in-law, the Mahila Thana, Bilaspur does not even have jurisdiction to investigate. But this argument is self-destructive. If the Mahila Thana, Bilaspur has no jurisdiction to investigate into the complaint, the persons accused can always raise an objection relating to the same, as and when a final report is filed into Court, making out a case for taking cognizance. By seeking transfer of investigation, the petitioners need not cure the defect, if any, in the matter of jurisdiction.

5. It is next contended by Ms. Shobha Gupta, learned counsel for the husband and parents-in-law that the parents-in-law are old and sick and that the health condition of petitioner No.1 will not enable her to undertake a travel. Similarly, it is contended that the husband is a Paediatrician attached to the Paediatrics Intensive Care Unit (PICU) of a hospital and that, therefore, it would be impossible for him to travel to such a long distance except at the peril of children who are under treatment.

6. We do not know how the question of the husband and parents-in-law being forced to travel frequently to Bilaspur would arise.

7. The complaint is only at the stage of investigation. There are relevant provisions in the Code of Criminal Procedure, such as Section 160, which act as a safeguard. Therefore, we do not find any good ground to order the transfer of the investigation from Mahila Thana, Bilaspur to Jaipur.

8. Coming to Transfer Petition (C) No.1206 of 2021, this transfer petition is by the wife seeking transfer of the divorce petition. Admittedly the petitioner-wife has a girl child who is just two years old. The petitioner is living with her parents. Therefore her transfer petition deserves to be allowed. However, as and when, the respondent-husband makes a request, on account of his occupation, to appear through video conferencing, he shall be accommodated by the transferee Court.

9. In the result, Transfer Petition (Crl.) No.437 of 2021 is dismissed. Transfer Petition (C) No.1206 of 2021 is allowed. Accordingly, the case being Divorce Petition No.308 of 2021, titled as 'Bhanu Pratap Versus Sujata Singh', pending before the Family Court, Judge No.1, Jaipur, Mahanagar Jaipur, Rajasthan, is ordered to be transferred to the Family Court, Bilaspur, Chhattisgarh. The Family Court, Judge No.1, Jaipur, Mahanagar Jaipur, Rajasthan shall send the case r