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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withdrawn from Family Court, Bikaner and transferred to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.