Transfer Petition U/s 125 (1), 2 and Application U/s 127 (3) of the Criminal Procedure Code

TO

        THE HON'BLE CHIEF JUSTICE OF INDIA

        AND HIS COMPANION JUSTICES OF THE

        HON'BI-E SUPREME COURT OF lNDIA

 

THE HUMBLE PETITION OF THE

PETITIONER ABOVE NAMED

 

MOST RESPECTFULLY SHOWETH:-

 

  1. That the Petitioner is preferring the present Transfer Petition U/s 125 (1), 2 and Application U/s 127 (3) of the Criminal Procedure Code bearing in CRMA J No. 1013 of 2020 pending before the Family Judge, Family Court, Ahmedabad, Gujarat title as “Deepti Hiren Patel Vs. Hiren Manoharlal Patel to the Ld. Principal Judge, Family Court, Dungalpur Court Complex, District Dungarpur, Rajasthan.    
  2. That the Petitioner and Respondent said marriage was solemnized on 24.11.2016 according to the Hindu rites and Rituals at Dungarpur, Rajasthan. This marriage was registered with the registrar of marriage at Dungarpur, Rajasthan. That the wedlock of the said marriage born loving charming female child i.e. Nivedita on 02.05.2018.
  3. That on 2019   As passed the few years of said marriage, the Respondent was showing his real face, colored and behavior toward the Petitioner. The Respondent and her family members always created nuisance interference his matrimonial life. The Petitioner was ignoring and comprising all the things to save the matrimonial life and future of his Female loving charming Child Nivedita, but all sacrifices of Petitioner had worse. The Respondent was always ready to quarrel with the Petitioner on the petty matters and baseless things. The Respondent used to always abusing the Petitioner inducement by the her parent’s and her relatives. The Respondent did not give the proper respect to the Petitioner. Therefore, the Respondent has made compulsion to leave the native place and moved to stay in Ahmedabad, Gujarat. The Petitioner was compulsion to stay Banswara, Rajasthan to Ahmedabad, Gujarat to save the matrimonial life and future of loving charming female child Nivedita. Suddenly the Respondent started abusing and quarrel with Petitioner on basic of non relevance of disputes. The Respondent used to always abusing arguing regarding the baseless and non relevance of disputed of the matrimonial house.
  4. The Petitioner has been always neglect the all things in favour of the matrimonial life. Respondent had many times communicated about the fright on the telephonic to her father. But the outcome of the all communication has worse. The Petitioner had never complaints against the Respondent regarding the abovementioned disputes arose the between the Petitioner and Respondent. The Respondent used to take advantages of the simplicity of the Petitioner.
  5. That the Respondent has intension to harass the Petitioner, she lodged an FIR No. 0170 on 12.07.2020 u/s 458/323/427/34 IPC against the Petitioner and his friend Mayank Sharma. The Respondent’s father and her relative called him to reconciliation of said marriage by the pretext. As soon as petitioner and his friend came at home, the respondent’s father and her relatives has been abusing and beaten him without any reasons regarding said marriage. The father of respondent disadvantage of his power and lodged a FIR against the petitioner and his friend. True translated copy of the FIR No.170/2020 dated 12.07.2020 Police station Kotwali, Dungarpur, Rajasthan lodged by the Respondent against the Petitioner is marked and annexed as Annexure P-1 at (pages       to      ).
  6. That the Petitioner in compulsion he also lodged an FIR No. 0172 on 14.07.2020 u/s 341/323/427 IPC against the Respondent’s father and his relatives i.e. brijlal Kalal, Girish Kalal, Avinash Kalal, Ramesh kalal and Vipul Kalal.  The Respondent’s father and her relative called him to reconciliation of said marriage by the pretext. As soon as petitioner and his friend came at home, the respondent’s father and her relatives has been abusing and beaten him without any reasons regarding said marriage. The father of respondent disadvantage of his power and lodged a FIR against the petitioner and his friend. True translated copy of FIR No. 0172 on 14.07.2020 u/s 341/323/427 IPC dated 14.07.2020 Police station Kotwali, Dungarpur, Rajasthan lodged by the Petitioner against the Respondent and others is marked and annexed as Annexure P-2 at (pages       to      ).
  7. That on 22.07.2020 the Hon’ble Sessions Court, Dungarpur granted Anticipatory Bail to the Petitioner and his friend in F.IR. No.170/2020, vide order dated 22.07.2020. True translated copy of the Anticipatory Bail granted to the Petitioner and his friend in F.IR. No.170/2020, vide order dated 22.07.2020 passed by the Ld.Sessions Court, Dungarpur is marked and annexed as Annexure P-3 at (pages       to      ).
  8. That the Respondent has filed Divorce against the Petitioner, Petition U/s 13(1) and (i-a) of the Hindu Marriage Act, 1955 bearing No. FSUIT No. 811 of 2020 pending before the Family Judge, Family Court, Ahmedabad, Gujarat title as “Deepti Hiren Patel Vs. Hiren Manoharlal Patel. The Respondent has made the false and fabrication averments in the abovementioned petition. This Petition has filed only harassment, mental agony and physical torture to the Petitioner by the Respondent. There are no valid reason in the abovementioned petition.   
  9. That the Respondent has filed Maintenance Petition U/s 125 (1), 2  Crpc and 127 (3) crpc in bearing in CRMA J 1013 of 2020 before the Family judge, Family Court, Ahmedabad, Gujarat against the Petitioner. The Respondent is residing the Dungarpur, Rajasthan. This Petition has filed only harassment, mental agony and physical torture to the Petitioner by the Respondent. There are no valid reason in the abovementioned petition. True copy of the Maintenance Petition filed U/s 125 (1), 2 and Application U/s 127 (3) of the Criminal Procedure Code bearing in CRMA J No. 1013 of 2020 pending before the Family Judge, Family Court, Ahmedabad, Gujarat filed by the Respondent on 04.08.2020 is marked as Annexure P-4 at (pages        to      )
  10. That the Respondent has filed DV Proceedings bearing No.CR.Regular No.1062/2020 pending before Ld. CJM, Dungarpur Court Complex filed by the Respondent on 28.10.2020 against the Petitioner. True copy of the case status of DV Proceedings bearing CR.Regular No.1062/2020 is marked as Annexure P-5 at (pages        to      ).
  11. That the Hon’ble Family Court has been issued a summon to the Petitioner Divorce of Petition U/s 13(1) and (i-a) of the Hindu Marriage Act, 1955 bearing No. FSUIT No. 811 of 2020 pending before the Family Judge, Family Court, Ahmedabad, Gujarat title as “Deepti Hiren Patel Vs. Hiren Manoharlal Patel. True copy of the summon dated 21.10.2021 to the petitioner by the Ld. Family Judge, Family Court, Ahmedabad, Gujarat in CRMA J No.1013 of 2020 is marked as Annexure P-6 at (pages        to      ).
  12. That the Petitioner has approached to Respondent to reside the matrimonial home but respondent have not interested to reside with Petitioner, again to again the Petitioner requested to respondent reside at matrimonial home but all the sacrifice worse in regard the reconciliation of the said marriage.
  13. Hence, this Transfer Petition filed by the Petitioner in the interest of the justice of this Hon’ble Court.

GROUNDS:-

  1.  For that, the Respondent filed the U/s 125 (1),2 and Application U/s 127(3) of the Criminal Procedure Code for getting the Maintenance Petition to take Advantage of the fact that Respondent does not reside in Ahmedabad, Gujarat and the Respondent is residing Dungurpur, Rajasthan, also she filed Sec 498A proceedings at her present address where se resides alngwith parents, The Respondent harassing Petitioner which proceedings initiated at Ahmedabad, Gujarat and Dungarpur, Rajasthan. So that the Petitioner will be unable to defend the court proceeding properly and to him fullest ability. 
  2. For that, the respondent has filed petition under U/s 125 (1), 2 and Application U/s 127(3) of the Criminal Procedure Code only to work vengeance against the Petitioner and his family and to him harass, mentally and physically.
  3. For that, the Petitioner’s is not position to leave old parents to accompany the Petitioner to Ahmedabad, Gujarat for conduct of the U/s 125 (1),2 and Application U/s 127(3) of the Criminal Procedure Code.
  4. For that, the Respondent is not position to defend the Court Proceeding in Ahmedabad, Gujarat it is very difficult for the Petitioner to travel frequently to Ahmedabad, Gujarat to defend court proceedings.
  5. For that, the Respondent is intentionally and deliberately filed the Divorce Petition in Ahmedabad, Gujarat for torture mental and physical to the Petitioner that so it is very difficult manage the itself for the defend the court proceeding in Ahmedabad, Gujarat.
  6. For that, the Petitioner neither has any family nor friends in Ahmedabad, Gujarat with whom he can reside or whose help he can avail to conduct proceedings of the case in manner to him satisfaction. 
  7. For that, the Petitioner cannot be expected to attend court hearing in Ahmedabad, Gujarat considering the facts of the case and can not to fight due to personal reasons.
  8. For that, the Respondent is very cleaver lady belonging influential family and the case of the Petitioner is absolutely misconduct and the allegations are concocted against the Petitioner with malafide intentions of the Respondent to harass.
  9. For that, the Petitioner has already effort to reconciliation the matrimonial life which was not interested to settled court cases so that Hon’ble this court the petitioner approached to this Hon’ble Court to consider the abovementioned averment in the present petition.
  10. For that, both of the Petitioner and Respondent are reside in Rajasthan that so both of parties to easily defend the court proceeding in Dungarpur, Rajasthan.
  11. That unless and until orders as prayed for herein are made the Petitioner will suffer irreparable loss and great prejudice will be caused to her.

That the Petitioner states that no other transfer Petition has been filed before this Hon’ble Court or any other court.

PRAYER

It is therefore, most respectfully prayed that your Lordship may graciously be pleased to pass the following orders:-

a)    Transfer of Petition U/s 125 (1),2 and Application U/s 127(3) of the Criminal Procedure Code for seeking Maintenance bearing in CRMA J No. 1013 of 2020 filed by the respondent pending before Ld. Family Judge, Family Court, Ahmedabad, Gujarat to the Ld. Principal Judge, Family Court, Dungarpur Court Complex, District Dungarpur, Rajasthan.

 

b)    To Pass an such and further order/orders, as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case in the interest of justice.

AND FOR THIS ACT OF KINDNESS THE PETITIONER SHALL, AS IS DUTY BOUND, FOREVER PRAY.

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