NANDA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present transfer petition has been filed by the petitioner-wife with the prayer that the Complaint Case No.12/2019 for offence under Sec. 494 R/w Sec. 109 IPC, pending before learned Judicial Magistrate, Marwar Junction, District Pali may be transferred to learned Judicial Magistrate, Jodhpur Metro.

(2.) Counsel for the petitioner-wife argued that the respondent-husband has filed a complaint against the petitioner-wife bearing Complaint Case No.12/2019 for offence under Sec. 494 R/w Sec. 109 IPC, before learned Judicial Magistrate, Marwar Junction, District Pali. It is submitted that the petitioner is living at Jodhpur and certain matrimonial proceedings are also pending before the courts at Jodhpur between the petitioner and respondent. It is submitted that being a lady, it is very difficult for the petitioner to travel to Marwar Junction which is 90 km away from her residential place at Jodhpur, therefore, it is prayed that Complaint Case No. 12/2019 pending before learned Judicial Magistrate, Marwar Junction, District Pali may also be transferred to a Court at Jodhpur.

(3.) Per contra, counsel for the respondent No.2-husband has opposed the prayer made by the petitioner.