GAYATRI DEVI PRASHAD Vs. SANJAY PRASHAD

JUDGEMENT

(1.) Heard Mr. Inam Uddin, learned counsel for the petitioner as well as Mr. Dhar, learned counsel appearing on behalf of the respondent, in Transfer Petition (Civil) No. 19/2009, who is the petitioner in Transfer Petition (Crl.) No. 23/2009.

(2.) The defendant/ wife in Title Suit (D) No. 9/2009, pending in the Court of the learned District Judge, Nagaon, instituted by the husband, has prayed for transfer of the said proceeding to the Court of the learned District Judge, Tinsukia in which place the proceeding under Section 125 Cr.P.C. is pending. The husband has filed Transfer Petition (Crl.) No. 23/2009 seeking transfer of the application under Section 125 Cr.P.C. filed by the wife registered as Case No. 16 (Maintenance)/ 2009 and presently pending in the Court of the learned Chief Judicial Magistrate, Tinsukia to any other place convenient to both the parties. Since both these applications are filed by the husband and wife seeking transfer of the proceeding instituted by the other party, both are taken up together for hearing and disposal.

(3.) The applicant in Transfer Petition (Civil) No. 19/2009, who is the wife of the respondent in the said transfer petition, instituted a proceeding under Section 125 Cr.P.C., in the Court of the learned Chief Judicial Magistrate , Tinsukia being Case No. 16(Maintenance)/2009 and the said proceeding has been contested by the respondent/husband. The respondent/husband also filed a suit praying for a decree of dissolution of marriage in the Court of the learned District Judge, Nagaon, which has been registered as Title Suit (D) No. 9/2009.