Smt. Padma, Roshani @APPELLANT@Hash Kishore Kumar

This application seeking transfer of proceedings pending at Addl. District Judge No.1, Kishangarh Bas, Alwar to Family Court, Bhilwara has been

filed by petitioner-wife.

It is inter alia indicated in the application that the respondent filed proceedings under Section 13 of the Hindu Marriage Act, 1955 (‘the Act,

1955’) before the Addl. District Judge No.1, Kishangarh Bas, Alwar, which proceedings are pending. The petitioner has initiated proceedings

under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (‘the Act of 2005’) against the respondent and the matter is

pending before Judicial Magistrate No.2, Bhilwara. Earlier S.B.Civil Transfer Application No. 127/2017 was filed seeking transfer of proceedings

from Alwar to Bhilwara, which was withdrawn on 5/2/2018 with liberty to file fresh, if a fresh cause of action arises.

It is inter alia indicated that earlier the petitioner was working as Teacher Gr. III at Kishangarh Bas, Alwar, therefore, essentially there was no

difficulty in attending the proceedings, however, she has now been transferred to Panchayat Samiti, Suvana District Bhilwara and, therefore, a new

cause of action has arisen to her. Submissions have been made that the petitioner is residing at her parents place at Bhilwara and that she has

difficulty in attending the proceedings at Alwar as her father and brother are living at other places for working and, therefore, the proceedings be

transferred from Alwar to Bhilwara.

Though no reply to the application has been filed, the same has been resisted by the respondent. It is inter alia submitted that the petitioner has been

harassing the respondent and no cause for transferring the proceedings from Alwar to Bhilwara is made out in the present case and, therefore, the

application deserves to be dismissed.

I have considered the submissions made by the learned counsel for the parties and have perused the material available on record.

It is not in dispute that the petitioner is employed as Teacher and is presently serving at Panchayat Samiti, Suvana District Bhilwara and that if she is

required to attend the proceedings at Alwar, she would require seeking leave, whereas, the respondent, who is said to be engaged in some business,

does not have such difficulty and in any case he is required to attend the proceedings initiated by respondent at Bhilwara.

Therefore, in the peculiar circumstances of the case, the matter deserves to be transferred to Bhilwara. However, it is expected by the courts, which

would be dealing with the two matters initiated by the petitioner and the respondent, respectively, to ensure that similar dates are fixed in the matters

so that the respondent is required to travel from Alwar to Bhilwara on one date only for both the matters.

In view of the above, the application is allowed. Case No. 66/2017 pending before Addl. District Judge No.1, Kishangarh Bas, Alwar is ordered to be

transferred to Family Court, Bhilwara. The parties shall appear before the Family Court, Bhilwara on 20/8/2018, which is said to be the date fixed in

the proceedings initiated by the petitioner-wife under the Act of 2005.

The Addl. District Judge No.1, Kishangarh Bas, Alwar is directed to transmit the record of case No.66/2017 immediately to the Family Court,

Bhilwara.