LALIT KALA (SMT.) Vs. SHIVPAL NAGA

JUDGEMENT

(1.) By moving transfer petition under Sec. 407 Crimial P.C. the petitioner has prayed to transfer the case bearing No. 103/2008 (Shivpal Vs. Lalitkala) pending in the Court of District and Sessions Judge, Sikar to the Court of District and Sessions Judge, Jhunjhunu.

(2.) In nutshell the facts of the case are that the petitioner lodged an F.I.R. No. 283/2007 at Police Station Nawalgarh District Jhunjhunu under Sections 498A and 406 I.P.C.

(3.) After investigation the police submitted charge-sheet against the respondent and other family members and the case is pending in the Court of ACJM, Nawalgarh bearing Case No. 340/2007 (State Vs. Bhanwar Lal & Ors.). One another case bearing No. 85/2007, (Smt. Lalitkala Vs. Shivpal Naga & Ors.) has also been filed by the petitioner under Sec. 12 of the Domestic Violence Act, 2005 (for short 'the Act of 2005) on 5.7.2007 which is pending in the Court of ACJM, Jhunjhunu. Thereafter, the respondent filed an application under Sec. 9 of the Hindu Marriage Act, 1955 (for short the Act of 1955) for restitution of conjugal rights, which is pending in the Court of District and Sessions Judge, Sikar.