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2023 Supreme(Online)(SC) 19747

Pankaj Mithal, J
Teena – Appellant
Versus
The State of Haryana & Anr. – Respondent


Advocates:
For the Appellants/Petitioners: Deepkaran Dalal, Raunaq Dalal
For the Respondents:

ORDER

1 Permission to file the Transfer Petitions is granted. 2 Delay in refiling the Transfer Petitions is condoned. 3 Heard learned counsel for the petitioner. 4 The petitioner-wife is seeking transfer of various proceedings such as one initiated by her under Section 12 5 of the Code of Criminal Procedure , the other under Section 12 of the Protection of Women from Domestic Violence Act, 2005 and another under Section 406 , 498A and 506 of the Indian Penal Code , 1860 by virtue of FIR No 0469 lodged as PS Civil Lines, Sonipat bearing Case No. CHI-352/22 from Sonipat to Delhi courts. Digitally signed by CHETAN KUMAR Date: 2023.11.08 16:42:31 IST Reason:

    Signature Not Verified All the proceedings have been initiated by the petitioner-wife in the proper court of jurisdiction and as such only for the reason that she is now living in New Delhi, the proceedings cannot be transferred. The proceedings are not liable to be shifted from the proper court of jurisdiction on the basis of change of residence of the parties. 6 Accordingly, Transfer Petition No 816 of 2023 arising out of Diary No 28925/2023 is dismissed and the connected Transfer Petition Nos. 817 and 818 of 2023 aris
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