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Judgment
The present transfer application has been filed by the applicant for transfer of case No.703/2015 pending in Family Court, Bikaner, which has been filed by the respondent - her husband for dissolution of marriage under Section 13 of the Hindu Marriage Act.
Mr. Vyas learned counsel for the applicant submitted that the petitioner is residing at Phalodi along with her parents, whereat she has already filed two cases one under Sections 498-A and 323 of IPC and other case under Section 12 of the Protection of Women form Domestic Violence Act, 2005.
Learned counsel for the petitioner contended that as a result of the pendency of the present matter in Bikaner, she has to undertake travelling to Bikaner, which results in hardship to her, as the same involves time and money.
Mr. Sarvan Singh, learned counsel for the respondent submitted that as far as travelling expenses are concerned, the respondent - husband is ready to bear such expenses and hence the matter may not be transferred to Phalodi as prayed by the petitioner.
Heard learned counsel for the parties and considered the material available on record.
In view of the facts obtaining in the present case, this Court is of the opinion that it should be expedient and in the interest of justice to transfer the present case from Bikaner to Phalodi, so that the petitioner can conveniently participate in the proceedings.
Mr. Vyas submits that Additional District & Sessions Judge, Phalodi has been empowered to deal with the family matters, to whom the present case, be transferred.
In view of the above, the transfer application is allowed. The Civil Misc. Case No.703/2015 (Kishan Singh Vs. Smt. Kiran), pending before District & Sessions Judge, Bikaner stands withdrawn from Family Court, Bikaner and transferred to Additional District & Sessions Judge, Phalodi.
Copy of this order be sent to both the Courts for facilitating transmission of the record.