DURGAWATI DEVI Vs. BAJRANGLAL GUPTA

JUDGEMENT

(1.) This is an application under section 24 of the Code of Civil Procedure (hereinafter referred to as the Code) filed by the appellant for transfer of civil suit No. 13-A/81 pending in the Court of District Judge, Raigarh.

(2.) The applicant is the wife of the non-applicant. She had filed an application under section 125 of the Code of Criminal Procedure for grant of maintenance allowance against her husband, the non-applicant, on the ground that she was treated with physical violence and that she was subjected to merciless beating and treated with cruelty by her husband who was addicted to liquor. The said application for maintenance is pending before the Judicial Magistrate, tat Class, Durg, which is contested by the non-applicant. Thereafter non-applicant also instituted the suit under section 9 of the Hindu Marriage Act against the applicant for restitution of conjugal rights. By this application the applicant-wife seeks the transfer of case, registered as Civil suit No. 13-A/81, instituted by her husband for restitution of conjugal rights which is pending before the District Judge, Raigarh.

(3.) The grounds for transfer of the civil suit filed by her husband, are stated that during her stay with her husband she was subjected to brutal treatment and turned out of the house by her husband which forced her to make an application against her husband for grant of maintenance allowance and that the appellant's life would be in danger if she goes to Raigarh to defend the suit instituted by her husband against her as her husband and his supporters are bent upon beating and dragging her away by force to their house so that the applicant may be deprived of prosecuting her case of maintenance against her husband. It is also stated that the applicant apprehends danger from her husband and his supporters if she goes to Raigarh to defend the suit instituted against her and if she is taken away by her husband and his supporters she will again be subjected to same torturous acts of physical violence making her life miserable. These facts are supported by an affidavit of the applicant herself. The non-applicant has not turned up to defend this application and there is no reason to disbelieve the statement made in the affidavit that she was treated with cruelty and after merciless beating she was turned out by her husband which forced her to make an application for maintenance allowance. There is no rebuttal of the application that the applicant apprehends danger to her life at the hands of her husband and his supporters.