SANGITA Vs. SUDEEP

JUDGEMENT

(1.) The present transfer application has been filed by the applicant-wife under Sec. 24 of CPC seeking transfer of Application No. 19/2021 titled as 'Sudeep Kumar v. Smt. Sangita', filed by respondent-husband under Sec. 9 of Hindu Marriage Act, 1955 (in short "HMA"), from the Upper District and Session Judge Shri Dungar Garh-Bikaner to Family Court Jaipur.

(2.) In pursuance of order dtd. 05/01/2023 assistance was provided to the Court by learned Senior Counsel Sh. Ajeet Kumar Bhandari.

(3.) Facts of the case are that the marriage of the applicant and respondent was solemnized on 23/06/1999 at Churn. The parties have been living separately since 2020. The respondent-husband filed an application under Sec. 9 of HMA in the Court of Dungar Garh, District Bikaner in February of 2021. The applicant-wife filed an application under Sec. 23 of the Protection of Women From Domestic Violence Act, 2005 (for short "DV Act") at Jaipur Metro-II, Jaipur seeking maintenance of Rs.50,000.00per month. One FIR was also filed by the applicant-wife against the respondent in Police Station Mahila Thana, Jaipur (West), Jaipur for offence under Ss. 498A, 406,323,314,147, and 504 of IPC and after conclusion of investigation, charge sheet has also been filed.