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Showing contexts for: RAJSAMAND in Smt. Chetna Sisodia vs Ashish Singh Gaur (2024:Rj-Jd:6681) on 8 February, 2024Matching Fragments
Order 08/02/2024
1. The instant civil transfer application has been filed by the petitioner-wife seeking transfer of Case No. 933/2023 "Ashish Singh Gaur Vs. Smt. Chetna Kanwar Sisodia" preferred by the respondent-husband pending in the Court of Family Court No.3, Kota to the Family Court, Rajsamand.
2. Heard learned counsel for the parties and perused the material available on record.
3. Learned counsel for the petitioner-wife submitted that the marriage between the petitioner-wife and respondent-husband was solemnized on 01.06.2022 at Rajsamand. Since the petitioner-wife was harassed in connection with demand of dowry, [2024:RJ-JD:6681] (2 of 4) [CTA-263/2023] therefore, she lodged an FIR No.63/2023 at Mahila Police Station Rajsamand for the offence under Sections 498A, 406 IPC, in which the investigation is going on. She has also filed an application under Section 125 Cr.P.C. seeking maintenance before Family Court, Rajsamand, which is also pending consideration. However, with a view to harass and humiliate the petitioner, the respondent- husband has moved application under Section 13 of the Hindu Marriage Act before the Family Court, Kota seeking dissolution of marriage.
4. Learned counsel for the petitioner further submitted that the petitioner is a young lady and having no independent source of income. She is residing at Rajsamand with her parents. Her father is in service. The distance between Rajsamand to Kota is approx.250 kilometers. Therefore, it is very difficult for the petitioner to travel from Rajsamand to Kota all alone and defend the case instituted by the respondent husband.
5. In the aforesaid facts and circumstances, learned counsel for the petitioner submitted that since the case under Section 125 Cr.P.C. seeking maintenance instituted by the petitioner-wife is pending at Rajsamand and the investigation is going on in the FIR lodged by her at Mahila Police Station, Rajsamand, in the interest of justice, the case filed by the respondent-husband pending before Family Court No.3, Kota deserves to be transferred to Family Court, Rajsamand.
8. Having considered the submissions made on behalf of the parties, looking to the facts and circumstances of the case noticed above and the settled position of law by the Hon'ble Supreme [2024:RJ-JD:6681] (4 of 4) [CTA-263/2023] Court in the matter of N.C.V. Aishwarya (supra), the transfer application is allowed. It is ordered that the Case No. 933/2023 pending in the Court of Family Court No.3, Kota titled as 'Ashish Singh Gaur Vs. Chetna Kanwar Sisodia' be transferred to the Family Court, Rajsamand. The Family Court No.3, Kota is directed to send the record of the aforesaid case to the Family Court, Rajsamand immediately. The parties are directed to appear before the Family Court, Rajsamand on 15.3.2024. A copy of this order be sent to the Family Court No.3, Kota and Family Court, Rajsamand forthwith.