Judgment:
1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :ORDER
: S.B.CIVIL TRANSFER PETITION NO.56/2012 Abhinav Sharma versus Richa Sharma Date of Order :: 01.10.2014 PRESENT HON'BLE Mr.JUSTICE ARUN BHANSALI Dr.
Sachin Acharya ) for the petitioner.
Mr.Rakesh Chotia ) Mr.R.S.Shekhawat ) for the respondent.
---- BY THE COURT: This transfer petition has been filed by the petitioner husband seeking transfer of proceedings pending before the Family Court, Udaipur to the Family Court No.2, Jaipur.
It is, inter alia, indicated in the application that the parties got married in the year 2008, which was short lived and in the assertion of the petitioner, the same was dissolved by ex parte decree on 30.11.2009 by the Family Court No.2, Jaipur.
Whereafter, proceedings were initiated by the respondent by way of filing FIRs with Police Stations at Jaipur, application under Order IX, Rule 13 CPC before the Family Court No.2, Jaipur, application under Section 340 Cr.P.C.before the Family Court No.2, Jaipur and certain revision petition filed by the petitioner is pending before ADJ No.3, Jaipur.
However, the respondent has initiated proceedings under Section 125 Cr.P.C.before the 2 Family Court, Udaipur; various submissions and/or allegations have been made by the petitioner regarding the place of residence of the respondent claiming the same to be at Jaipur and malafidely filing application before the Family Court, Udaipur and a prayer has been made for transfer the proceedings pending at Udaipur to the Family Court No.2, Jaipur.
A reply to the petition filed by the respondent vehemently opposing the allegations/averments made in the petition and the relief claimed therein.
It is reiterated in the reply that the respondent is resident of Udaipur and in view of the fact that the petitioner was stationed at Jaipur, the proceedings were required to be initiated at Jaipur despite the fact that the respondent was residing at Udaipur.
I have considered the submissions made by both the parties.
Without going into the allegations and counter-allegations made by the parties, it is not in dispute that certain proceedings initiated by the respondent are pending before the courts at Jaipur including proceedings under Order IX, Rule 13 CPC and Section 340 Cr.P.C.before the Family Court No.2, Jaipur.
It would be in fitness of things that all the matrimonial cases between the parties are tried at one place so as to be convenient to both the parties in attending the hearings of the matter.
In view of the above, the transfer petition filed by the petitioner is allowed.
Case No.802/2011 (Richa Sharma v.
Abhinav Sharma) under Section 125 Cr.P.C.pending before the 3 Family Court, Udaipur is directed to be transferred to the Family Court No.2, Jaipur for further proceedings and it is expected of the Family Court No.2, Jaipur to fix the dates in all the matters pending before it pertaining to matrimonial dispute between the parties on the same date.
The parties are directed to remain present before the Family Court No.2, Jaipur on 17.11.2014 (the date indicated by the learned counsel for the parties as the next date fixed in proceedings pending before the Family Court No.2, Jaipur).The Family Court, Udaipur is directed to immediately transmit the record to the Family Court No.2, Jaipur.
The stay petition stands disposed of.
(ARUN BHANSALI).J.
PKS-2