Komal vs Deepak Kumar - 2021 Supreme(Raj) 2061

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 2061

CHANDRA KUMAR SONGARA
Komal – Appellant
Versus
Deepak Kumar – Respondent

Advocates appeared:
Mr. Arun Singh Shekhawat, Advocate, for the Appellant; Mr. Ashish Sharma Upadhyay, Advocate, for the Respondent.

JUDGMENT

1. Instant transfer application under Section 24 of the Code of Civil Procedure, 1908 has been preferred on behalf of the petitioner- wife seeking transfer of the Divorce Petition bearing No.217/2019 titled as Deepak Kumar Vs. Komal filed under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act of 1955') by the respondent-husband, from the Court of Additional District Judge, No.1, Rajgarh District Churu to the concerned Family Court, Jhunjhunu.

2. Learned counsel appearing for the petitioner-wife submits that the petitioner-wife had lodged an F.I.R. against the respondent- husband and his family members for offences punishable under Sections 498-A and 406 of I.P.C. Counsel further submits that the petitioner-wife filed an application under the Protection of Women From Domestic Violence Act, 2005 against the respondent-husband and his family members before the Court of learned Chief Judicial Magistrate, Jhunjhunu and also filed an application under Section 125 of Cr.P.C. for maintenance against the respondent-husband before the learned Family Court at Jhunjhunu, which are still pending for adjudication. Counsel also submits that the respondent-hus