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2016 Supreme(Raj) 834

IN THE HIGH COURT OF RAJASTHAN
Arun Bhansali, J.
Sumer Kanwar – Petitioner
Versus
Puran Singh – Respondent
S.B. Civil Misc. Transfer Petition No. 95 of 2015
Decided On : 11-07-2016

Advocates Appeared:
For the Petitioner:Mr. Himmat Jagga, Advocate
For the Respondent:Mr. Hinglajdan Charan, Advocate

Headnote:

Criminal Procedure Code , 1973 - Section 125 - Hindu Marriage Act, 1955 - Section 13 - Section 9 – Domestic Violence Act, 2005 – F.I.R - Petition has been filed by petitioner-wife seeking transfer of proceedings filed by respondent from Family Court - Indicated that petitioner initiated proceedings under Protection of Women in Court of Chief Judicial Magistrate, lodged F.I.R. against respondent wherein police has filed challan, filed proceedings - Where after respondent filed proceedings of Act before Family Court – Held , It is not in dispute that proceedings initiated by petitioner prior is time pertaining to matrimonial dispute are all pending wherein, respondent is attending those proceedings and, therefore, in fitness of things it would be appropriate that proceedings which are pending at Churn are also transferred and it is expected of Family Court to fir same date in all matters so as to obviate repeated traveling by respondent - Transfer petition filed petitioner is allowed

JUDGMENT

Arun Bhansali, J.

This transfer petition has been filed by petitioner-wife seeking transfer of proceedings filed by respondent under Section 13 of the Hindu Marriage Act, 1955 (’the Act') from the Family Court, Churu to Family Court Sriganganagar. It is, inter alia, indicated in the application that the parties entered the wedlock on 11.5.2005 at Sriganganagar, where after the petitioner went to her matrimonial house and stayed there for sometime for discharging her matrimonial duties. However, after harassment for sometime, she was turned out of her matrimonial home and since then she is residing at Sriganganagar.

2. It is indicated that the petitioner initiated proceedings under the Protection of Women from Domestic Violence Act, 2005 in the Court of Chief Judicial Magistrate Sriganganagar, lodged F.I.R. against the respondent at Mahila Thana, Sriganganagar, wherein police has filed challan, filed proceedings under Section 9 of the Act at Family Court, Sriganganagar and proceedings under Section 125 Cr.P.C. Where after the respondent filed proceedings under Section 13 of the Act before the Family Court, Churu.

3. It is, inter alia, indicated that all proceedings were initiated by the petitioner at Sriganganagar prior to the proceedings initiated by respondent and now the present proceedings have been initiated by the respondent at Churu only with a view to harass the petitioner and as the previously filed proceedings are pending before the Family Court, Sriganganagar, the matter be transferred to the Family Court, Sriganganagar.

4. Learned Counsel for the petitioner made submissions in terms of the application.

5. No reply to the application has been filed by the respondent. However, learned Counsel for the respondent submits that the Court at Churu has the jurisdiction to deal with the matter and, therefore, the proceedings were rightly initiated at Churu.

6. I have considered the submissions made by learned Counsel for the parties and have perused the material available on record.

7. It is not in dispute that the proceedings initiated by the petitioner prior is time pertaining to the matrimonial dispute are all pending at Sriganganagar wherein, the respondent is attending those proceedings and, therefore, in fitness of things it would be appropriate that the proceedings which are pending at Churn are also transferred at Sriganganagar and it is expected of the Family Court to fir the same date in all the matters so as to obviate repeated traveling by the respondent.

8. In view of the above, the transfer petition filed by the petitioner is allowed, Civil Original Case No. 35/2015 Puran Singh v. Sumer Kanwar pending before the Family Court, Churu is transferred to the Family Court, Sriganganagar.

The parties shall appear on 20.8.2016 before the Family Court Sriganganagar. The Family Court, Churu would remit the record of the case immediately to Family Court, Sriganganagar.


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