DEEPAK SHUKLA Vs. SAVITA SHUKLA

JUDGEMENT

(1.) The petitioner seeks transfer of M.J.C. No. 4/2002, pending against this petitioner in the Court of C.J.M. Katni, wherein, the amount of maintenance granted u/S. 125 of the Cr. P.C., has to be realised.

(2.) According to the petitioner, who is the husband of non-applicant, his wife's father Mr. Mahendra Chanpuria so also her uncle Mr. Jogeshwar, in addition to two of her brothers, are practicing in Katni, who dominate the Bar, and it is for this reason that no Advocate, practicing at Katni, is ready and willing to take the brief of this petitioner. Then the Advocates engaged from Bhopal so also Jabalpur, refused to attend the Court at Katni, on account of misbehaviour by members of the family of non-applicant. It is further stated on behalf of the petitioner that on account of his desertion by non-applicant, he filed a divorce suit at Bhopal, on 4-4-1994, and the non-applicant filed application in the Court of C.J.M. Katni, u/S. 125 of the Cr. P.C., seeking maintenance. Since the petitioner's counsel was misbehaved and threatened at Katni, he refused to attend the case on next date of hearing and thus an ex parte order was passed in favour of non-applicant, awarding her maintenance at the rate of Rs. 500/- per month since January, 1995. The father of non-applicant filed one private complaint in the Court of A.C.J.M. Katni, against the petitioner for offences punishable u/Ss. 120-B, 468, 469, 419 and 420 of the I.P.C., but the same was dismissed on 20-2-1995 and the applicant was discharged. A copy of the order sheet in aforesaid private complaint is marked as Annexure A. The non-applicant filed a case u/S. 9 of the Hindu Marriage Act, at Katni, seeking restitution of conjugal rights, but when petitioner's counsel Mr. Rajendra Shukla, reached Katni to attend the proceedings, he was assaulted in Court campus, which is recorded by the A.D.J. in the order sheet and police protection was provided to Mr. Shukla, Advocate. A copy of order sheet recorded by the ADJ is annexed as Annexure B. Thereafter, this Court by order dated 23-8-1996, passed in M.C.C. No. 54/95, transferred all the aforesaid cases pending at Katni to Jabalpur, on account of criminal behaviour of non-applicant and her father so also the relatives. The orders passed by this Court in M.C.C. No. 54/95, is marked as Annexure C.

(3.) It is noted that by aforesaid order dated 23-8-1996, passed by this Court in M.C.C. No. 54/95 (Annexure C), the petitioner's divorce suit bearing No. 83/94, which earlier stood transferred from Bhopal to Katni, non-applicant's application filed u/S. 9 of Hindu Marriage Act, registered as Civil Suit No. 14-A/95, which was pending in the Court of First Addl. District Judge, Katni, so also Civil Suits No. 83-A/94 and 303-A/94, filed by father of non-applicant against this petitioner, were transferred from Katni, to the Court of Ist Addl. Distt. Judge, Jabalpur, for disposal according to law, on the ground that the petitioner is not getting any counsel to represent him at Katni.