LAWS(MPH)-2015-4-153

BRAMHAPREET @ RENU Vs. SHIV SINGH GIL

Decided On April 20, 2015
Bramhapreet @ Renu Appellant
V/S
Shiv Singh Gil Respondents

JUDGEMENT

(1.) IN this Miscellaneous Civil Case under section 24 of the Code of Civil Procedure, 1908, the petitioner No. 1 widow of one Surendra Singh has come before this Court seeking indulgence in the matter of transfer of Miscellaneous Civil Case No.7/2012 (Shiv Singh and another v. Smt. Bramhajeet and another) from Sheopur to Guna.

(2.) FACTS necessary for disposal of this case are to the effect that the petitioner No. 1 was married to the son of respondents, namely; Surendra Singh and out of such wedlock, one son, namely; Anmol Singh was bom. There was some matrimonial dispute and she left the house of husband on her free volition, thereafter residing separately at her parents place. However, with the passage of time, Surendra Singh has died. The respondents, Shiv Singh Gil and Baljeet Kaur are in -laws of the present petitioner No. 1. Respondents have filed a case against the petitioner No. 1 seeking custody of their grand -son, Anmol Singh under the Hindu Minority and Guardianship Act, 1956, the same is pending consideration before the Additional District Judge, Sheopur. Petitioner No.1 contends that she is facing difficulty appearing in Sheopur Court, therefore, she has prayed for transfer of the case from Sheopur to Guna.

(3.) THE petitioner No. 1 has also filed a complaint under section 498A of IPC against the respondents registered at Police Station, Sheopurkalan. After completion of investigation, charge sheet has been put up before the competent Court and the case is in progress. During hearing, it has come on surface that petitioner No. 1 re -married one Major Singh at Guna, however, he has also died. Now, she is residing along with her son, Anmol Singh at Guna.