SHIVA Vs. SUMIT RANJAN

JUDGEMENT

(1.) This is an application under Section 24 of C.P.C. for transfer of Civil Suit No. 40-A/99 pending in the Court of Additional District Judge, Narsinghpur, to the Court of competent jurisdiction at Bhopal.

(2.) The parties were married on 14-12- 1996 according to Hindu rites and customs at Bhopal. A son was born out of the wedlock on 29.6.1998 at Bhopal. It is also not in dispute that the petitioner is residing at her parental home at Bhopal.

(3.) The petitioner has averred in her application that she was being treated by her husband and his family members with cruelty and she was physically assaulted. Therefore, her parents had taken her back with them to Bhopal, where she delivered a male child. While the petitioner was admitted in the Maternity Home, the respondent came there and quarrelled with her. The respondent/husband has thereafter filed a petition for divorce at District Court, Narsinghpur, which was transferred to the Court of Additional District Judge, Narsinghpur and is pending there. It was further averred that the petitioner was treated with cruelty during her pregnancy and when she tried to visit her matrimonial home, the respondent unleashed the dogs to chase her. She has an infant child in her lap and has no safe shelter at Narsinghpur. The respondent and his father are practising Advocates at Narsinghpur and the petitioner finds it difficult to engage a Counsel to contest the petition filed by her husband. She seriously apprehends threat to her life in case she visits Narsinghpur. The respondent and his family members are having hostile attitude towards her. Therefore, she prays that the said Civil Suit No. 40-A/99 filed by her husband/respondent may be transferred to the Court at Bhopal.