MITHLESH SHARMA Vs. SURESH CHAND SHARMA

JUDGEMENT

(1.) The parties in this case are husband and wife. The wife is living separately. The non-applicant husband has instituted a suit against the applicant-wife seeking a decree for divorce; and the said suit is pending at Indore. Admittedly, the applicant-wife stays at Jhansi with her parents. The suit was fixed for her appearance on 19-9.1983 on which date one Mata Prasad Tripathi, a relation of the applicant-wife, appeared before the Court and sought an adjournment. The said Tripathi is alleged to have been abused by four boys on his way to his hotel from the Court. A report of the incident was lodged by him to the City Superintendent of Police, a copy of which has been filed as Annexure-E. The applicant has filed three letters (Annexures-A, B and C) from her relations, informing her that she is likely to be maltreated at Indore, if she comes to attend the hearing. On the basis of these facts, the present transfer application has been filed by the applicant-wife, submitting that she has reasonable apprehension of not getting justice at Indore; and a similar reasonable apprehension as to safety for her life. She, therefore, prays that the case be transferred to Datia. She has also filed an affidavit in support of allegations contained in the application.

(2.) The application is vehemently opposed by the non-applicant-husband who submits that he is neither responsible for the alleged incident with Mata Prasad Tripathi, nor the letters (Annexures-A, B and Q. According to him, these letters are specially prepared for purposes of the present application. At the time of arguments, the Court was informed that the non-applicant-husband is not residing at Indore, but is residing at Kukshi where he is posted at present. It is, however, not necessary to decide the correctness or otherwise of these allegations, as it is neither the scope nor the purpose of this application. The fact that Mata Prasad Tripathi was threatened, is supported by his application and the affidavit of the applicant. It may be that persons threatening him did not do so at the instance of the non-applicant himself, but may have threatened the said Tripathi because of their interest in the litigation. The fact, however, remains that a person sent from Jhansi to attend the Court, was threatened. Under the circumstances, the apprehension that she may herself not be treated kindly, if she visits Indore in connection with the case, cannot be said to be unreasonable. Her presence at Indore, during the course of trial, would be necessary on several occasions to brief her Advocate and give her own evidence. Under the circumstances, the interest of justice, in my opinion, requires that the case be transferred from Indore to some other place where it can be tried without interference from any one. The learned counsel for the non-applicant expresses his preference to either Ujjain or Bhopal, in case this Court considers transfer necessary. Considering his preference and also the convenience of the applicant, in my opinion, the case should be tried by the District Judge, Bhopal.

(3.) In view of the discussion aforesaid, the application is allowed. Civil Suit No. 125 of 1983 (Suresh Chand Sharma Vs. Smt. Mithlesh Sharma) pending in the Court of District Judge, Indore, is withdrawn from the said Court and transferred to the Court of District Judge, Bhopal, for deciding the same in accordance with law. The parties are directed to appear before the District judge, Bhopal, on 27-2-1984 for necessary further orders. No orders as to costs.