VINITA PANDEY Vs. RAKESH PANDEY

JUDGEMENT

(1.) Since both the petitions are arising out of in between similar parties and, therefore, they are decided simultaneously by this common order. The wife had filed this transfer petitioner before this Court on the ground that initially she had filed the complaint under Section 31 of Domestic Violence Act, 2005 read with Section 19 & 23 of the said Act before the Judicial Magistrate First Class, Pandaria, District-Kabirdham. By such petition compliance of an earlier order passed, in case No. 70/2008 in between "Vanita Pandey & others Vs. Rakesh Pandey & others" on 16.03.2009 was prayed for. According to the applicant, the order was passed on 16.03.2009 by the Court of Judicial Magistrate First Class, Pandaria, District-Kabirdham. According to the order the husband was directed that the applicant should not be subjected to cruelty or torture, either by physically or mentally by the husband. It was stated by the applicant that after passing of such order, the things were alright for certain part of time, but after 2010, the husband, with the aid & abetment of Jhumuklal Pandey and Manoj Pandey, started violating the order of the Court which was passed on 16.03.2009. Various averments have been made in such petition for complaint. Order-sheet of such complaint is also placed on record which starts from 30.03.2012.

(2.) Perusal of the order-sheet purports that the applicant was appearing before the Judicial Magistrate First Class continuously and on 09.10.2012, the learned Court below had asked for enquiry report from police, which was filed by the police. Thereafter, the case was fixed for preliminary evidence. From 09.10.2012, the applicant was appearing before the Court up till 08.02.2013 and thereafter no order-sheet have been placed on record.

(3.) The another application for transfer, which is filed by the applicant was on the same line of the initial application. A second complaint was filed by the applicant, Vinita Pandey against Rakesh Pandey and two others under Section 307 & 34 of IPC. In the said compliant which was filed on 27.08.2012, the case got adjourned from time to time and on 16.11.2012, the learned Judicial Magistrate First Class had ordered for the enquiry report. Thereafter, the case was adjourned from time to time and the order-sheet is filed in this case is also up till 08.02.2013.