Dismissed

Smt. Renu Sharma D/O Sh. Dinesh Kumar Sharma v. Amit @ Khemchand Sharma S/O Sohanlal Ji Sharma

Rajasthan HC15 Oct 2024CRLTP/35/2024

Case brief

AI extract

What is this about?

Petitioner filed a transfer petition to move a pending Domestic Violence case to Bharatpur citing changed residence. Court dismissed the application, ruling that petitioner's distance or travel convenience is not a valid ground to disrupt jurisdiction, especially when respondents resided in Delhi and were appearing in the original court.

What did the court decide?

Transfer petition dismissed with costs; misc. application dismissed.

Smt. Renu Sharma D/O Sh. Dinesh Kumar Sharma Vs Amit @… — Domestic Violence | Rajasthan HC (2024)

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[2024:RJ-JP:45161]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Transfer Petition No. 35/2024

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Smt. Renu Sharma D/o Sh. Dinesh Kumar Sharma, Aged About 37 Years, R/o Bharatpur At Present Residing At Opposite Radha Rani Marriage Home, Mahua Tehsil Mahua District Dausa

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----Petitioner

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Versus

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Amit @ Khemchand Sharma S/o Sohanlal Ji Sharma, R/o Jatipura, At Present R/o S-261, School Block Sakarpur, New Delhi

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Sohanlal S/o Pyarelal, R/o Jatipura, At Present R/o S-261, School Block Sakarpur, New Delhi

¶9

Rajkumari W/o Sohanlal Sharma, R/o Jatipura, At Present R/o S-261, School Block Sakarpur, New Delhi

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Rekha D/o Sohanlal Sharma W/o Praveen, R/o Jatipura, At Present R/o S-261, School Block Sakarpur, New Delhi

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----Respondents

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For Petitioner(s) : Mr. Junaid Khan for Mr. Asgar Khan For Respondent(s) : Mr. Vijay Singh Yadav, PP

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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15/10/2024

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Instant transfer application is preferred by petitionerapplicant to transfer Criminal Case No.24/2019 from the Court of Additional Chief Judicial Magistrate, Mahua, District Dausa to the Court of Additional Chief Judicial Magistrate, Bharatpur.

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Learned counsel for petitioner submits that earlier the petitioner was residing at Dausa but now she shifted her residence to Bharatpur, therefore, the matter relating to D.V. Act be transferred from Mahua, District Dausa to Bharatpur.

[2024:RJ-JP:45161]

[CRLTP-35/2024]

(2 of 2)

Respondent nos.1 to 4 remained absent despite sufficient service upon them.

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Heard learned counsel for petitioner and learned Public Prosecutor. Perused the material placed on record.

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The petitioner-applicant has filed a petition under Section 12 of the Domestic Violence Act on 22.10.2019 and since then it is pending before learned ACJM, Mahua, District Dausa. The matter was posted for evidence of applicant on 16.01.2020.

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A perusal of material placed on record reflect that if the matter is delayed by the petitioner then she is responsible for the same but from Bharatpur to Mahua, the distance is nearly 65 KM and both are well connected on National Highway, therefore, there is no ground to transfer. The convenience is not a ground to any case instituted in court of competent jurisdiction. The respondents are residence of Delhi and they are already appearing at Mahua, therefore, for convenience of petitioner to transfer a case with her shifting is not a convincing reason. The case was instituted at the Court having competent jurisdiction.

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In view of aforesaid, the transfer petition is devoid of merits, hence, same is hereby dismissed.

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Misc. application, if any stands dismissed.

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(ASHOK KUMAR JAIN),J

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Arun/69

Smt. Renu Sharma D/O Sh. Dinesh Kumar Sharma v. Amit @ Khemchand Sharma S/O Sohanlal Ji Sharma

Case brief

What is this about?

What did the court decide?

Smt. Renu Sharma D/O Sh. Dinesh Kumar Sharma v. Amit @ Khemchand Sharma S/O Sohanlal Ji Sharma

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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