SWATI VERMA Vs. RAJAN VERMA

JUDGEMENT

(1.) The petitioner in this transfer petition Swati Verma, was married to respondent No. 1 herein Rajiv Verma, at Delhi on June 30, 2001 according to Hindu rites. It appears that soon after the marriage the petitioner complained of ill-treatment by her husband, her mother-in-law, and sister-in-law. On 17-9-2001 she was left at her widowed mothers house by respondent No. 1 whereafter the respondent No. 1 took no care of her, nor were his whereabouts known to the petitioner. The parties thereafter have taken recourse to criminal as well as civil proceedings to which we shall refer hereinafter. The petitioner herein lodged a report at police station NOIDA, Sector-20 on 8th April, 2002 against the respondents herein for offences under Ss. 498-A, 406, I.P.C. and under Ss. 3 and 4 of the Dowry Prohibition Act. The police after investigation has filed charge-sheet in the said case and the learned Chief Judicial Magistrate, NOIDA, Gautam Budh Nagar has taken cognizance. The said case is registered as Criminal Case No. 2832 of 2003.

(2.) The respondents have filed an application under S. 482 of the Code of Criminal Procedure before the High Court of Judicature at Allahabad in Criminal Misc. Application No. 5594 of 2003 for quashing the said Criminal Case No. 2832 of 2003. It appears from the averments made in the transfer petition filed in this Court that the respondents have also moved the High Court of Judicature at Allahabad in Writ Petitions Nos. 1829 of 2003 and 2511 of 2003 seeking stay of arrest in the case arising out of the FIR lodged by the petitioner herein in which interim relief has been granted to the respondents herein by orders dated 23-4-2003 and 14-5-2003.

(3.) The petitioner has also filed an application before the Additional District and Sessions Judge, Delhi for annulment of marriage by a decree of divorce under the Hindu Marriage Act which has been registered as H.M.A. No. 1108 of 2002 which is pending consideration before the learned Additional District and Sessions Judge. She has also filed an application under S. 24 of the Hindu Marriage Act for maintenance.