2009 Supreme(Raj) 2328
S.P.PATHAK
Jaiwanti Gahija – Appellant
Versus
Ashok Kumar Sharma – Respondent
Advocates:
For the Appellant:Shailesh Prakash Sharma, Advocate.
For the Respondent:Anurag Sharma, Advocate.
JUDGMENT
1. - This transfer petition has been filed by the wife-Smt. Jaiwanti Gahija against her husband Ashok Kumar Sharma under section 24 of the Code of Civil Procedure for transferring the divorce petition pending before the District Judge, Alwar to the learned Judge, Family Court/District Judge at Kota.
2. Briefly stated, the facts for the disposal of the present transfer application are that the marriage between the parties was performed at Alwar on 28.6.2002. After marriage, the petitioner and the respondent lived together for some time. The petitioner-wife is working as LDC in the District Court at Kota whereas the respondent-husband is a teacher at Kotkasim District Alwar. In the year 2008, a complaint was filed by the petitioner under section 498-A/406 IPC in the court of Additional Chief Judicial Magistrate (Junior Division) No.3, Kota (North) which was sent for investigation to the concerned police station where FIR No.3/2008 was registered. Subsequently, on a compromise being arrived at between the parties, final report was given by the police on 31.1.2008. In pursuance of the compromise, both the parties started living together at Kota but after some time the responden
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