In matrimonial proceedings, the convenience of the wife is a significant factor in determining the appropriate jurisdiction for legal proceedings.

ORDER

Manoj Kumar Garg, J. - The present transfer petition has been filed by the petitioner-wife with the prayer that the Complaint Case No.12/2019 for offence under Section 494 R/w Section 109 IPC, pending before learned Judicial Magistrate, Marwar Junction, District Pali may be transferred to learned Judicial Magistrate, Jodhpur Metro.

2. Counsel for the petitioner-wife argued that the respondent-husband has filed a complaint against the petitioner-wife bearing Complaint Case No.12/2019 for offence under Section 494 R/w Section 109 IPC, before learned Judicial Magistrate, Marwar Junction, District Pali. It is submitted that the petitioner is living at Jodhpur and certain matrimonial proceedings are also pending before the courts at Jodhpur between the petitioner and respondent. It is submitted that being a lady, it is very difficult for the petitioner to travel to Marwar Junction which is 90 km away from her residential place at Jodhpur, therefore, it is prayed that Complaint Case No. 12/2019 pending before learned Judicial Magistrate, Marwar Junction, District Pali may also be transferred to a Court at Jodhpur.

3. Per contra, counsel for the respondent No.2-husband has opposed the prayer made by the petitioner.

I have heard counsel for the parties and perused the documents available on record.

4. It is not in dispute that the petitioner is staying at Jodhpur and proceedings under Section 125 Cr.P.C and under provisions of Domestic Violance Act are pending at Jodhpur. Hon'ble Supreme Court in the case of Vinisha Jitesh Tolani @ Manmeet Laghmani Vs. Jitesh Kishore Tolani reported in 2010 (1) WLC (SC) 705 has observed that in the matrimonial proceeding instituted by the husband against the wife, the convenience of the wife has to be considered in contesting the suit and accordingly, the matrimonial proceedings ought to be transferred where the wife was residing.

5. Looking to the facts and circumstances of the case and the reasons mentioned in the transfer petition, this petition is allowed. It is ordered that the Complaint Case No.12/2019 titled as Bhikhnath Vs. Nanda & Ors., for offence under Section 494 R/w Section 109 IPC, pending before learned Judicial Magistrate, Marwar Junction, District Pali be transferred to the Court of Chief Judicial Magistrate, Jodhpur Metro.

6. The Judicial Magistrate, Marwar Junction, District Pali is directed to immediately send the record of the case to court of Chief Judicial Magistrate, Jodhpur Metro.