LAWS(MPH)-2016-8-202

GAURI Vs. SAGAR

Decided On August 29, 2016
GAURI Appellant
V/S
SAGAR Respondents

JUDGEMENT

(1.) This application is filed under Section 24 of C.P.C. for transfer of HMA Case No.954/2015 pending before Family Court, Indore to the Family Court, Gwalior where the applicant-wife is presently residing after her transfer to Gwalior. Facts giving rise to this application are that the applicant is a married wife of respondent.

(2.) The marriage was solemnized on 02.03.2006 according to Hindu rites and rituals at Datia. Soon after the marriage, respondent and his family members started harassing the applicant on demand of dowry and finally she was thrown out of her matrimonial house. She lodged an FIR against the respondent and his family members under Section 498-A, 506/34 of IPC and Section 3/4 of Dowry Prohibition Act on 17.11.2014 at Police Station-Heeranagar, District-Indore.

(3.) Counsel for the respondent vehemently opposes transfer of case on the ground that the petitioner is working woman. She was posted at Indore where she lodged FIR under Section 498-A and 506/34 of IPC and the case is still pending at Indore. She was posted at Indore when the discord arose between the applicant and the respondent. She deliberately got herself transferred to Gwalior and now only on the basis of her transfer, she seeks transfer of the case from Indore to Gwalior.