NEETI JUGRAN Vs. MANISH JUGRAN

JUDGEMENT

(1.) This Civil Transfer Application has been filed under Sec. 24 of the Code of Civil Procedure, 1908, to transfer the Original Suit No.507 of 2020, "Manish Jugran vs. Smt. Neeti Jugran", filed under Sec. 13 of the Hindu Marriage Act, 1955, pending before the Principal Judge, Family Court, Dehradun, to the Family Court, Pauri Garhwal.

(2.) Heard Mr. Prashant Khanna, learned counsel for the applicant and Mr. Ankit Shah, learned counsel for the respondent.

(3.) The learned counsel for the applicant submitted that the applicant and the respondent got married on 4/3/2017. The applicant is residing in her parental house, situated in District Pauri Garhwal. The Original Suit No.507 of 2020 has been filed by the husband of the applicant under Sec. 13 of the Hindu Marriage Act, 1955, which is pending before the Family Court, Dehradun. The applicant has to travel 150 kms. to contest the case before the Family Court, Dehradun. The learned counsel for the applicant submitted that one brother of the respondent, namely, Mr. Rajneesh Jugran is working as Head Operator, Wireless in Dehradun. Smt. Pinky Jugran, the wife of Mr. Rajneesh Jugran, is presently working with Mahila Helpline as Head Constable in Dehradun. Mr. Jagdish Raturi, the brother-in-law of the present respondent, is also employed with Police Department, Dehradun as Sub-Inspector and the respondent -husband, himself, is working with the Police Department Head Quarter, Dehradun. The learned counsel for the applicant submitted that there is immense threat to the life and liberty of the applicant to contest the divorce suit, filed before the Dehradun court. The learned counsel for the applicant further submitted that apart from this, the applicant has also filed an application under Sec. 12 of The Protection of Women from Domestic Violence Act, 2005 before the Judicial Magistrate, Pauri Garhwal and one criminal case under Sec. 498A of IPC is also pending against the applicant before the Judicial Magistrate, Pauri Garhwal.