- (1.) Prayer in the present petition, filed under Section 407 of the Cr.P.C, read with Section 482 of the Cr.P.C, is for transfer of a petition, filed by the respondent, under Section 125 of the Cr.P.C, titled as "Kiran Dhawan vs Vikram Dhawan" from the Court of Shri Pushpinder Yadav, JMIC, Faridabad to the Court of competent jurisdiction at Panchkula. The transfer of the aforementioned case is sought on the grounds that the petitioner has filed a divorce petition, which is pending adjudication, before the District Judge, Panchkula, and that as the petitioner is looking after the two sons of the parties, he cannot travel Faridabad on each and every date.
(2.) Counsel for the respondent, on the other hand, states that pursuant to an order dated 16.9.2005, passed in C.M.No.16664.CII of 2004, the divorce petition, filed by the petitioner, already stands transferred to the Court of District Judge, Faridabad. It is further contended that out of the two children, one is a major, studying in a College, and the second studies in 8th class.
(3.) I have heard learned counsel for the parties and perused the record. As the divorce petition, already stands transferred to Faridabad, and the plea, with respect to the children, is an empty excuse, no ground to transfer the petition, filed by the respondent-wife, under Section 125 of the Cr.P.C, from Faridabad to Panchkula. Dismissed.;