SHANTI DEVI Vs. BANSHI LAL

JUDGEMENT

(1.) THE present transfer petition has been filed by the petitioner, Smt. Shanti Devi, for seeking transfer of proceedings of Case No.362/2013 - Banshi Lal Vs. Smt. Shanti, initiated by the respondent/husband under Section 9 of the Hindu Marriage Act, 1955, pending before the court of Family Court No.1, Jodhpur to appropriate court at Barmer, where the present petitioner is living with her parents.

(2.) ACCORDING to petitioner's counsel, the application u/s 9 of the Hindu Marriage Act has been filed by the respondent/husband just as counter blast. It is submitted by the counsel for the petitioner that against the conviction recorded by the competent court i.e. Judicial Magistrate No.1, Barmer, in Criminal Case No.70/2013 vide order dated 22.02.2014 for the offence under Sections 498 -A of IPC against the respondent, the respondent/husband has preferred an appeal at Barmer itself and the said appeal is pending adjudication. He also submitted that the petitioner has also filed an application under Section 125 (3) Cr.P.C. on 02.04.2014 for maintenance is also pending adjudication before the learned Judicial Magistrate, Barmer. Learned counsel for the petitioner/wife, therefore, submitted that the proceedings initiated by the respondent/husband deserve to be transferred at Barmer.

(3.) ON the other hand, Mr. M.S. Bhati, learned counsel for the respondent/husband opposed these submissions.