SMT. SHAKUNTALA DEVI Vs. RAJVEER

JUDGEMENT

(1.) HEARD . By means of instant petition, petitioner seeks direction for transfer of Case No. 939 of 2009, Rajveer v. Shakuntala Devi, from the court of VI Additional Civil Judge (J.D.), Gonda to district Faizabad for fair and proper decision.

(2.) SUBMISSION of learned counsel for petitioner is that petitioner's husband Late Vijay Bahadur was employed as Cashier in Bank of Baroda at Ramganj Branch, district Sultanpur who died in a road accident on 4.6.1988. Petitioner being legal representative of the deceased was given employment on Class IV post on compassionate ground at Branch Naka, district Faizabad. Since the opposite -party is working as Clerk of an advocate practicing at Gonda, he in capacity of Clerk to the Advocate pursued the matter of the petitioner and she paid the necessary fee and expenses as required by the opposite -party but he had been demanding more and more money on one pretext or another. When the petitioner refused to pay unreasonable money to the opposite -party, he took an ingenious device to blackmail the petitioner by making false and frivolous complaints to the Bank authorities. Looking to the money which was to be received by the petitioner from the Bank and her employment, the opposite -party tried to marry with her but on refusal by her, the opposite -party blamed her of having illicit relation with the cashier of the Bank. The matter was investigated and the entire allegation was found to be false. From the police report also, allegation was found to be false. As per voter list of 2009 of 275 Ayodhya Assembly, petitioner has been shown as widow of Late Vijay Bahadur. Ultimately, in order to harass the petitioner, opposite -party has also filed Case No. 939 of 2009, under Section 125 Cr. P.C. claiming maintenance of Rs. 5000/ - per month from the petitioner which is pending before VI Additional Civil Judge (J.D.), Gonda and the court below issued notice to the petitioner for appearance and filing of written -statement. The petitioner apprehends danger to her life and property from the opposite -party while pursuing her case at district Gonda.

(3.) I direct Sessions Judge, Gonda to send the record of Case No. 939 of 2009, Rajveer v. Shakuntala Devi, pending in the court of VI Additional Civil Judge (J.D.), Gonda, to the court of Sessions Judge, Faizabad forthwith, to be tried by the competent court. Petition is accordingly allowed.