RAJANI GUPTA Vs. RAKESH KUMAR GUPTA

JUDGEMENT

(1.) THIS petition is for transfer of matrimonial suit filed under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act) pending before the 3rd Additional Principal Judge, Family Court, Durg bearing Civil Suit No. 50A/2007, on the ground of threat.

(2.) UNDISPUTED facts of the case are that the present applicant and the non-applicant are wife and husband, the non-applicant has filed a suit under Section 13 of the Act for dissolution of marriage which is pending before the 3rd Additional Principal Judge, Family Court, Durg bearing Civil Suit No. 50A/2007. The present applicant has also filed an application for maintenance under Section 125 of the Code of Criminal Procedure before the criminal Court situated at Shahdol. Krishna Gopal Gupta is father of the1 non-applicant and Harish Sinha is a practicing Advocate of the non-applicant. Ravindra Gupta is brother of the applicant. At the instance of the present applicant offence under Section 498A read with Section 34 of the I.P.C. and Section 4 of the Dowry Prohibition Act has been registered at Durg against the non-applicant and his relatives and offence under Sections 448, 294 and 506B read with Section 34 of the I.P.C. has been registered against the non-applicant and his counsel Harish Sinha at Shahdol. At the instance of the non-applicant and his counsel Harish Sinha, criminal case under Section 107-116(3) of the Code of Criminal Procedure has been registered against the brother of the applicant at Durg.

(3.) FACTUAL matrix relating to the dispute, lodging of F.I.R. and arrest of the parties are not disputed by learned Counsel for the non-applicant. Learned Counsel for the non-applicant frankly admitted that at the instance of parties different offences have been registered at Durg and Shahdol.