GUDDU Vs. SONA

JUDGEMENT

(1.) BY way of these two above mentioned criminal miscellaneous applications, the petitioner husband had sought transfer of miscellaneous case no.8/2010 under section 125 Cr.P.C. and Cr. Case No.157/2009 under section 498A and 406 IPC pending before Gram Nyayalay/ACJM Dausa to some other court on the ground that the petitioner husband and his father are afraid to appear in the court because of some earlier incidents of assault by the family members of the respondent wife.

(2.) AFTER filing this transfer application an exparte ad interim order had also been obtained by the petitioner whereby recovery of maintenance amount was stayed.

(3.) SO far as present applications (38/2011 and 39/2011) are concerned, admittedly, they are misconceived because the proceedings u/s 125 Cr.P.C. had been finally disposed on 16.5.2011 and therefore, no case of this nature was pending before the Gram Nyayalay at the time of filing of transfer application on 16.11.2011. It is not out of place that order for interim maintenance was passed on 2.1.2009, towards which only a meagre sum of Rs.3,000/- was paid to her and repeatedly the warrants for attachment were being issued. On account of ad interim exparte stay of further proceedings, respondent has not been able to get any maintenance as proceedings on her application filed u/s 125(3) Cr.P.C., are stayed.