RAJNI SHARMA Vs. NATHOO RAM SHARMA

JUDGEMENT

(1.) THIS is an application u/s 24 of the I.P.C. for transfer of Case No. 33N93 C.O. (Nathoo Ram Sharma v. Rajni) pending in the Court of Second Additional Judge to the Court of District Judge, Bhind to the Court of District Judge, Gwalior. It is alleged that parties were married on 24.5.78 at Lashkar City according to Hindu rites and they have five children out of the wed -lock. After one year of the marriage the non -applicant, his father and mother demanded dowry and started ill -treatment to her. About two years before, the non -applicant gave severe beating to her. She got internal injuries. The non -applicant is habitual drinker and used to beat her daily and threatened her that he would throw her in a well after killing. On 20.6.93 the non -applicant gave1severe beating in a room after locking. She was kept in a room continuously for three days. The brother of the applicant with the help of the police rescued her. The non -applicant did not provide livelihood to the applicant and her children. She moved an application before the Court of J.M.f.C., Gwalior. The non -applicant after getting information of the case of applicant made an application before the Second A.D.J. Bhind, u/s 9 of the Hindu Marriage Act with the intention of killing her after calling at Bhind. She was helpless being lady. She has no source of income.

(2.) THE application is opposed.

(3.) LEARNED counsel for the applicant placed reliance on 1984 -MPWN -Note 463 (Durgawati v. Bajranglal) where this Court transferred a case to the place where wife's case was pending. T)le other case relied upon is 1989 (I) MPWN -Note 68 (Munnibai v. Lokprasad Tiwan). There too the application was allowed and it was observed that the applicant being lady was not able to attend the case instituted far from her residential town. The case was transferred to save time and expenses.