1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :ORDER
: S.B.CIVIL TRANSFER PETITION NO.30/2013 Vidha Soni versus Sanjay Kumar Soni Date of Order :: 27.01.2014 PRESENT HON'BLE Mr.JUSTICE ARUN BHANSALI Dr.
Javed Moyal, for the petitioner.
Mr.Sabir Khan for Mr.Sandeep Shah, for the respondent.
---- BY THE COURT: This petition under Section 24 CPC has been filed by the petitioner – wife seeking transfer of Matrimonial Case No.330/2013 (Dr.
Sanjay Kumar Soni v.
Smt.
Vidhya Soni) filed by the respondent pending before Family Court, Churu to Family Court, Jodhpur.
It is, inter alia, submitted in the petition that the petitioner has filed two criminal cases against the respondent under Sections 498A and 406 IPC and a case under Section 12 and 23 of the Protection of Women from Domestic Violence Act, 2005 ('the Domestic Violence Act') at Jodhpur and, subsequent thereto, the present petition under Section 13 of the Hindu Marriage Act, 1955 ('the Act') has been filed at Family Court, Churu.
It is submitted by learned counsel for the respondent that the proceedings under the Domestic Violence Act already stands 2 withdrawn.
However, as decree under Section 9 of the Act has already been passed in favour of the respondent, the respondent has no objection if the proceedings are transferred to Family Court, Jodhpur, however, a direction to deal/decide the matter expeditiously may be made.
Having considered the averments made in the petition and the submissions made by learned counsel for the parties, it is deemed appropriate and, therefore, ordered that the proceedings in Matrimonial Case No.330/2013 (Dr.
Sanjay Kumar Soni v.
Smt.
Vidhya Soni) pending before Family Court, Churu shall stand transfer to Family Court, Jodhpur.
Parties to appear before the Family Court, Jodhpur on 15.02.2014.
Record be transferred by Family Court, Churu immediately to Family Court, Jodhpur.
The Family Court, Jodhpur is further directed to deal/decide the proceedings as expeditiously as possible preferably within a period of nine months.
The petition as well as the stay petition stand disposed of Accordingly.
(ARUN BHANSALI).J.
PKS-7