SMT. RENU Vs. SHYAM SUNDER & ANR.

JUDGEMENT

(1.) THE present transfer application has been filed under Section 24 of CPC seeking transfer of the proceedings of Application No. 736/11 pending in the Family Court No. 1, Jaipur City, Jaipur to the court of Addl. District Judge, Neemkathana, District Sikar. In the instant case, it appears that the respondent No. 1 -husband has filed the divorce petition before the family court, Jaipur seeking divorce under Section 11 /13 of the Hindu Marriage Act, 1955, which is pending. However, it further appears that the appellant -wife has filed one application under Section 498A and 406 of IPC in the court of ACJM, Neemkathana. One another proceeding under Section 125 of Cr.P.C. has also been filed by the appellant in the court of ACJM, Neemkathana and one case under Section 12 of the Domestic Violence and Protection of Women Act has also been filed in the same court at Neemkathana.

(2.) HAVING regard to the submissions made by the learned counsels for the parties and more particularly to the fact that three proceedings under different Acts are pending in the court at Neemkathana, District Sikar and since the appellant has a small child, it is desirable that the proceedings pending before the Family Court No. 1 at Jaipur be transferred to the competent court at Neemkathana, District Sikar. In that view of the matter, the application being No. 736/11 pending in the Family Court No. 1, Jaipur City, Jaipur are hereby transferred to the competent court at Neemkathana, District Sikar, The application stands allowed accordingly.