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Head Note

The Hindu Marriage Act, 1955  - Section 9 , Indian Penal Code,1860  - Section 498-A , Section 406 , The Protection of Women From Domestic Violence Act, 2005  - Section 12 , Section 21 , The Code of Criminal Procedure, 1973  - Section 482

Guardians and Wards Act, 1890 - Section 25 - Petitioner and Respondent No.1 were married according to Hindu rites - A girl child Mannat was born - Physical and mental cruelty - Compelled to leave matrimonial home and return to her parents - Husband filed an application u/S-9 HM Act - Petitioner filed FIR u/S 498-A and 406 IPC - In order to settle matter peacefully Petitioner entered into compromise with Respondent - Withdrew her complaint u/S 498-A and 406 IPC - Respondent No.1 failed to appear before Family Court at Jaipur to present a Petition for mutual divorce as agreed in compromise - Petitioner filed a complaint against Respondent No.1 and his family members under provisions of PWD Act - Soon thereafter charge-sheet was filed against Respondent No.1 and his family members u/S-498-A and 406 IPC - Respondent No.1 husband moved an application under Section 21 for visitation rights which was dismissed - Respondent No.1 filed Criminal Appeal against that order which was dismissed - Respondent No.1 filed a Petition under Section 482 Cr.P.C. for quashing of charge-sheet and further proceedings -Also filed another Petition u/S 482 Cr.P.C. for quashing of Criminal Legal Case under Section 12 of PWD Act 2005 - When both matters came up before High Court for consideration High Court directed Petitioner and Respondent No.1 to settle their disputes and apply for divorce by mutual consent within 15 days - High Court allowing visitation rights to husband in respect of minor child - Petitioner's brother got admission with I.I.P.M. in Delhi required him to shift to Delhi Petitioner also decided to come to Delhi to establish herself professionally to able to maintain herself and her minor daughter - Since then residing in Delhi - Application in High Court for modification of order to shift place of visitation to Delhi - Disallowed - Resulting filing of SLP - Petitioner also filed Transfer Petition for transfer of Case filed by Respondent u/S-9 HM Act and Case u/S 25 of Guardians and Wards Act 1890 from Jaipur to Delhi - Application for modification by Petitioner allowed along with Transfer Petitions - If child is willing Respondent No.1 may also take her out for day - Transfer Petition allowed - Case filed by Respondent No.1 u/S-9 of HM Act and u/S-25 of Guardians and Wards Act, 1890 be transferred from Jaipur to Delhi -Order modified - Applications allowed.

Topic(s)-

Important Decision(s)- Effort to meet his minor child - Cases u/S-9 of HMA and u/S-25 of Guardians & Wards Act transferred from Jaipur to Delhi.