JUDGEMENT
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(1.) Heard learned counsel for both the sides.
Learned counsel for the applicant wife Smt. Suneeta Choudhary submits that she is residing with her parents at Jaipur and she has got a male child of early age namely Siddhant. Learned counsel submits that the applicant wife has filed one application under Section 12 of the Domestic Violence Act, 2005, which is pending before the Court of Judicial Magistrate No.14, Jaipur. She has also filed an F.I.R. No. 570/2013 at P.S. Vaishali Nagar, Jaipur against her husband for the offence under Sections 498A, 406, 307, 323, 120B IPC. After the investigation charge sheet has been filed for these offences against the respondent husband Manoj Kumar in the Court, which is pending before the concerned trial Court. He also submits that respondent husband has filed a petition under Section 13 of Hindu Marriage Act which is pending before the learned ADJ, Churu as Civil Misc. Case No. 395/2013.
One more petition has been filed by respondent husband under Section 6 of Hindu Minority and Guardianship Act read with Section 25 of the Guardianship and Wards Act which is also pending before the Court of ADJ, Rajgarh Churu.
(2.) Learned counsel for the petitioner submits that petitioner wife is facing a lot of difficulties in attending the proceedings at Churu Court while leaving her son alone. He prays that the petitions filed by the respondent husband and pending before the Court of ADJ, Churu may be transferred to the Family Court at Jaipur.
Learned counsel for the respondent has not filed reply to the petitions and has not contested the request for the transfer of the petition pending before the ADJ Court, Churu.
(3.) In view of above facts and circumstances, it is deemed appropriate to transfer the following matters pending before the Court of Churu to the Family Court at Jaipur.
1.Civil Misc. Case No. 395/2013 titled as Manoj Kumar Vs. Smt. Sunita Choudhary filed under Section 13(1a) and (1b) of the Hindu Marriage Act.
2. Civil Misc. Case No. 158/2015 titled as Manoj Kumar Vs. Sunita Choudhary filed under Section 6 of the Hindu Minority and Guardianship Act read with Section 25 of Guardianship and Wards Act.
Copy of this order be sent to both the learned Courts for information and compliance. It is also expected from the transferee Court to expedite the matters as early as possible.
Both the applications are disposed of with above directions.;
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