SMT. POOJA DEVI Vs. ANANT SHARMA

JUDGEMENT

(1.) The applicant-wife has instituted the present transfer application before this Court, with a prayer for transfer of the divorce petition No. 83/2015 (Anant Sharma Vs. Pooja Sharma) , instituted by the non-applicant-husband, before the Family Court, Bikaner, to Family Court, Sikar.

(2.) Learned counsel appearing on behalf of the applicant-wife, reiterating the pleaded facts and grounds of the transfer application, submits that soon after the marriage between the parties, on account of serious matrimonial discord and dispute, the applicant-wife instituted the proceedings for offence under Sec. 498-A and 406 of Indian Penal Code by way of a complaint lodged before the Court of Chief Judicial Magistrate, Sikar, leading to registration of an FIR No. 57/2014. It is further asserted that the Governmental Enforcement Agency, after a thorough investigation into the crime, filed a charge-sheet against the non-applicant-husband and proceedings are pending at Sikar.

(3.) Another complaint petition No. 72/2015 under Sec. 125 Crimial P.C. for maintenance is also pending adjudication before the Family Court, Sikar. An FIR No. 89/2015 has also been lodged at Police Station, Kotwali, Sikar, for offence under Sec. 417, 465, 469, 504, 506 and 120-B of Penal Code read with Sec. 66, 66(1), 67(A) and 72 of Information Technology Act, 2000. Thus, the non-applicant-husband would not suffer any inconvenience as compared to the applicant-wife, if the proceedings, instituted by the non-applicant-husband, are transferred from Family Court Bikaner to Family Court, Sikar.