RACHNA SHARMA Vs. CHANDRA MOHAN SHARMA

JUDGEMENT

(1.) This application under Section 24 of Civil P. C. has been moved by Smt. Rachna Sharma for transfer of petition No. 120 of 1983 Chandra Mohan Sharma v. Smt. Rachna Sharma pending in the Court of District Judge. Muzaffar Nagar to a competent Court in the district of Moradabad.

(2.) The facts which have given rise to this petition are briefly put as below.

(3.) Smt. Rachna Sharma the applicant was married to Sri Chandra Mohan Sharma. Opposite party No. 1 at Moradabad on 10th Dec. 1982. She is a graduate with Rood academic career and belongs to a very cultured family of Moradabad. She is aged about 22 years Sri Sharma has filed a petition (No. 120 of 19831 in the Court of District Judge. Muzaffarnagar for annulment of the marriage, on the ground that Smt. Sharma is suffering from mental disorder. The applicant's contention is that the petition has been filed by Sri Sharma simply to harass and pressurise the applicant to bring more dowry. Her father is a Lecturer in Hindu College. Moradabad and mother is a chronic patient of blood pressure and diabetes. The father is not in a position to leave her. Her brothers are employed outside Muzaffarnagar so no one in the family of her parents is in a position to accompany her to Muzaffarnagar and conduct necessary pairvi in the petition filed against her. She herself being of tender age is not competent to undergo the journey, more so in these days of deteriorating situation of law and order. She however reached Muzaffarnagar along with her father on 16th Dec. 83 the date which was fixed for filing written statement in the petition. Some unknown persons tried to Gherap her and her father. They took shelter in the house of a person who was known to her father and an application was moved in the Court for time to file written statement, it is urged that she has genuine apprehension that she will not get justice at Muzaffarnagar. Her life, liberty and honour would be in danger there.