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Judgment
Petitioner aggrieved wife has approached this Court praying that Criminal Case No.16/2017 initiated at the instance of respondent husband titled as State vs. Kamna Shekhawat pending in the court of ACJM No.3, Alwar be transferred to any court of competent jurisdiction at Jaipur.
The learned counsel for the petitioner has submitted that the petitioner on 17.1.2010 was married with the respondent no.2. During subsistence of marriage, differences arose and petitioner aggrieved wife lodged FIR No. 36/2014 at Mahila Police Station, Jaipur. It is contended that the proceedings arising out of said FIR are pending in the court of Judicial Magistrate No.20, Jaipur Metropolitan. It is further contended that the petitioner wife had also filed an application under the provisions of Protection of Women from Domestic Violence Act, 2005 and the said proceedings are pending in the court of Metropolitan Magistrate No.14, Jaipur. The learned counsel for the petitioner has contended that with mala fide intention, to pressurize the petitioner wife, respondent husband has filed false FIR No. 266/2016 at Police Station Aravali Vihar, Alwar and in the said FIR, charge-sheet has been submitted in the court of ACJM, No.3,
Alwar. It is further contended that divorce petition is also pending between the parties and same is pending before Family Court No.3, Jaipur.
Considering that the petitioner is a lady having a daughter of five years, along with the fact that except the present case, all cases between the parties are pending in the court of competent jurisdiction at Jaipur, the present petition is allowed and the proceedings arising out of FIR No.266/2016 registered at Police Station Aravali Vihar, Alwar are transferred to the court of Metropolitan Magistrate No.20, Jaipur. The said court shall try both the cases, bearing No. 36/2014 and 266/2016 simultaneously and separately.