Kiran Dhadse & Anr. Etc. vs State Of Uttar Pradesh Etc.

On 14.08.2019, following order was passed by this Court:

"Subject to the petitioner-husband giving to the respondent-wife a sum of Rs.25,000/- towards legal expenses within two weeks from today, Issue notice, returnable on 30.9.2019.

Dasti in addition is permitted.

The process shall additionally be served through the Courts where the matters are presently pending. An intimation in that behalf be sent to the concerned court immediately.

In the meanwhile, further proceedings in (i) RCC No.693/16 in Charge sheet No.2625/2016 in FIR No.0439/2015, PS Mahila thana, Ghaziabad (titled as "State vs. Kiran Dhadse & Anr.") pending before the Additional CJM, 8-Ghaziabad, (ii) CC No.4239/2015 (titled as "Swati Kiran Dhadse & Ors. & Kiran Dhadse & Ors.") pending before Addl. CJM, 4-Ghaziabad, Ghaziabad & (iii) Case No. 573/2017 (titled as "Swati Kiran Dhadse & Ors. & Kiran Dhadse") pending before Principal Judge, Family Court, Ghaziabad, shall remain stayed."

As directed, the amount of Rs.25000/- has been made over to the respondent-wife.

We have heard learned counsel for both sides.

Learned counsel appearing for the respondent-wife submits that there is no objection if cases listed at Serial Nos.(ii) and (iii) in the aforesaid order are transferred.

In the circumstances, we direct that the proceedings mentioned at Serial No.(ii) and (iii) in the aforesaid order, namely, Complaint Case No.4239 of 2015, titled as "Smt. Swati Kiran Dhadse v. Kiran Dhadse & Others", pending before the Addl. Chief Judicial Magistrate-4, Ghaziabad; and, Case No.573 of 2017, titled as "Smt. Swati Kiran Dhadse & Others v. Kiran Dhadse", pending before the Principal Judge, Family Court, Ghaziabad, are transferred to the Court of Chief Judicial Magistrate, Nagpur, Maharashtra and the Family Court, Nagpur, Maharashtra respectively.

The Courts at Ghaziabad are directed to transmit the entire record to the transferee Courts immediately.

The parties are directed to appear before the transferee Courts on 16.12.2019 at 11.00 a.m.

However, as regards the proceedings mentioned at Serial No.(i) i.e. the proceedings arising out of FIR No.439 of 2015, PS Mahila Thana, Ghaziabad, titled as "State v. Kiran Dhadse & Another", pending before the Additional Chief Judicial Magistrate-8, Ghaziabad, since the charge-sheet has been filed after due investigation, we do not deem it appropriate to transfer the proceedings. The Transfer Petition in respect of said proceedings stands dismissed.

The Registry is directed to send a copy of this Order to both the Courts for compliance immediately.

The Transfer Petitions qua prayer (b) and (c) are allowed to the aforesaid extent and as regards prayer (a), the transfer petition is dismissed.