PRAKASH TATIA, J. - (1.) HEARD learned Counsel for the parties.
(2.) THE petitioner, wife of the respondent, has filed this petition for transfer of the petition filed by the respondent under Section 9 of the Hindu Marriage Act before the District Judge, Rajsamand to the Court at Suratgarh. The petitioner's contention is that the marriage of the petitioner and respondent was solemnised on 01.03.2006 only at Suratgarh and both the parties are permanent residents of Suratgarh. The petitioner has already initiated proceedings under Section 125 Cr.P.C by submitting petition at Suratgarh. She has also filed a petition under Hindu Adoption and Maintenance Act, 1956 which is also pending at Suratgarh. She has also filed one case under Section 498A IPC which is pending at Suratgarh. However, the respondent, who is by profession doctor, is presently posted at Amet, which is about 600 kms. from Suratgarh, has filed the petition under Section 9 at Amet. According to the petitioner, the petitioner is a young lady and cannot go to Amet, which is at a distance of 600 kms., where none of her family members are residing. It is also submitted that the respondent will come at Suratgarh to attend the cases and further his immovable property is also at Suratgarh and the witnesses are also from Suratgarh only and Amet is a place where the respondent is posted because of his service, therefore, the petitioner will not be able to take his witnesses at Amet.
(3.) LEARNED Counsel for the respondent submitted that the respondent was attacked by the petitioner's family and a criminal case has already been launched by the respondent against the petitioner's family members in which cognizance has been taken by Additional Chief Judicial Magistrate, Suratgarh by order dt. 26.09.2007, copy of which has been placed on record. It is also submitted that the Hon'ble Supreme Court in the case of Anindita Das v. Srijit Das reported in (2006) 9 SCC 197 also refused to transfer the case and this Court in the case of Teena v. Vinod Kumar S.B. Civil Misc. Transfer Petition No. 5/2007 refused to transfer the case at the place where the lady was residing.;