JAGRUTI Vs. RAKESH

JUDGEMENT

(1.) This MCC under Section 24 of Civil Procedure Code has been filed for transferring the Civil Case No.445A/2015 pending before the Principal Judge, Family Court, Bhopal.

(2.) Briefly stated the facts of the case are that the respondent husband Rakesh Gehlot had filed an application for obtaining divorce under Section 13 of the Hindu Marriage Act before the Principal Judge, Family Court, Bhopal. The allegations of the wife are that she was being consistently harassed by demands of dowry by the in -laws and they were demanding a scooter from her and on one occasion Rs.25,000/ - was given by the father of the wife to the present respondent husband. However, the family members of the husband and the husband continued to torture the wife for dowry. Besides since she could not conceive a child and that's why the applicant had taken to Babas for incantation by her in -laws and was made to intake several medicines forcibly and she had not been given proper food also. On falling ill they did not even give proper medical treatment and she had informed her parents about her illness and the parents took her to Indore and admitted her in Choithram hospital. Thereafter the parents of the husband promised not to torture her any more and took her back with them. However, the husband did not change his attitude and often used to beat the wife after consuming liquor. Since 2008 the applicant wife was separated from the in -laws in residence. However, the drinking habits of the husband was increased, and she was unable to pay the rent and hence sought the help of her parents. The medical opinion sought also indicated that she was in a fit condition to give birth to the child; whereas the husband refused to take medical treatment and had thrown out her from matrimonial house in October 2012 and asked her to get Rs.2 lacs from her parents and only then return to her matrimonial house. The applicant filed an application under Section 125 of the Cr.P.C. before the Family Court at Indore and the same is pending consideration. Similarly the applicant has also filed an application before the learned JMFC, Indore under Section 12 of the Protection from the Women from Domestic Violence Act and now she has received notice regarding the case at Bhopal filed by the husband under Section 13 of the Hindu Marriage Act and Counsel submitted that the husband was influential person and would harass the applicant if she went there and she would not be able to defend herself properly. Hence the present application under Section 24 of the CPC for transferring the Civil Case No.445A/2015 pending before the Principal Judge, Family Court, Bhopal to be transferred to the Family Court at Indore. Counsel placed reliance on Ravinder Kaur Vs. Hitinder Singh [AIR 2000 SC 3403 (2)] to state that transfer was always available in such cases of cruelty and also a reasoned order was passed by this Court in the matter of Priyanka Vs. Vishal in MCC No.647/11.

(3.) In view of the above since none has come to oppose the application despite service, the application is allowed.