Shipra Lamba vs Abhishek Choudhary - 2023 Supreme(Raj) 1989

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2023 Supreme(Raj) 1989

YOGENDRA KUMAR PUROHIT
Shipra Lamba – Appellant
Versus
Abhishek Choudhary – Respondent

Advocate Appeared:
For the Petitioners:Mr. R.C.Joshi, Advocate.
For the Respondents:Ms. Rakhi Choudhary for Mr. Deelip Kawadia, Advocates.

ORDER :

Yogendra Kumar Purohit, J. - The petitioner-wife has filed the instant civil transfer application seeking transfer of Case No. 44/2022 " Abhishek Choudhary v. Smt. Shipra Lamba " preferred by the respondent-husband under section 13 (1) (A) of the HINDU MARRIAGE ACT pending in the Court of Additional District Judge, Nathdwara, District Rajsamand to the Family Court No.1, Jaipur.

2. Heard learned counsel for the parties and perused the material available on record.

3. Learned counsel for the petitioner submitted that the marriage between the petitioner-wife and respondent-husband was solemnized on 08.02.2015 at Jaipur as per the Hindu rites & Customs and out of the wedlock, one male child was born who is residing with the petitioner. Since the petitioner-wife was harassed and treated with cruelty in connection with demand of dowry, therefore, she lodged an FIR No.294/2021 at Mahila Police Station Jaipur (North) under Sections 498A, 406, 377, 420, 312, 354 (gha), 342 and 120B IPC against the petitioner and his family members. In connection with said FIR, the respondent-husband has preferred S.B.Criminal Misc. Petition No.3722/22 " Kailash v. State " before Rajasthan High Court at

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