SANDHYA SHARMA Vs. SHIV KUMAR SHARMA

JUDGEMENT

(1.) THIS petition under Section 24 of the Civil Procedure Code has been filed by the petitioner/ wife for transfer of Civil Suit No. 360-A/98, pending in the Court of III ADJ, Bhopal registered on the application under Section 13 of the Hindu Marriage Act (hereinafter referred to as 'act' for short) for divorce filed by the respondent / husband.

(2.) UNDISPUTABLY the parties are married with each other on 8. 12. 1997 at Bhopal and the petitioner/wife resided with the respondent/husband at Bhopal for sometime. During the above period she visited her parents at Bilaspur.

(3.) THE petitioner has urged that she was maltreated and harassed by the respondent /husband and his family members. There was demand of dowry of Rs. 1 lac, and since there was non-fulfilment of the demand as above, the respondent/husband had left her at Bilaspur at her parents' home. The petitioner/wife filed a complaint with the police in the above regard. Since the police did not take action, she filed a private complaint and an offence under Section 498-A and 406 read with Section 34 of the Indian Penal Code has been registered by Judicial Magistrate 1st Class, Bilaspur. Subsequently on 23. 5. 1999 the petitioner came to know about the filing of a petition under Section 13 of the 'act' by the notice published in 'dainik-Bhaskar' at Bilaspur. She, therefore, prayed for transfer of the said case from Bhopal to Bilaspur.