KIRTI SHARMA Vs. DEVESH SHARMA

JUDGEMENT

(1.) This is a petition filed under section 24 of the Code of Civil Procedure by applicant/wife for transfer of matrimonial matter bearing H.M.A. No. 223/2014 pending before the Family Court, Bina to Family Court, Gwalior.

(2.) It is submitted by the applicant that her marriage was solemnized with the respondent on 9/01/2014 at Tahsil Bina (MP) as per Hindu Rites and Traditions. It is pleaded that after the marriage the applicant went to her matrimonial house to reside with her husband but thereafter, she came to know from the respondent that the said marriage was against his will and the same had taken place due to influence of his parents and he did not willingly agree to stay with the applicant and, therefore, she had withdrawn herself from his company and is living separately at Gwalior. It is alleged that she was subjected to physical abuse many times by him and, therefore, she was forced to leave the house of her in-laws and to live separately. It is also stated that she has filed an application for maintenance u/s 125 of Cr.P.C but the same has been rejected and against the said order a revision has been preferred which is pending at Gwalior. In addition to that, one complaint u/s 12 of Protection of Women from Domestic Violence Act, 2005 bearing MJC No. 6900150/2016 filed before the Additional Chief Judicial Magistrate, Gwalior, is also pending. It is submitted that the respondent/husband has filed a case for restitution of conjugal rights before the Family Court, Bina u/s 9 of Hindu Marriage Act, 1955.

(3.) Counsel for the applicant submits that the applicant is unemployed lady and she has no source of income. Because of the financial stringency and crisis it is impossible for her to travel from Gwalior to Bina to afford travel and other expenses. The distance from Gwalior to Bina is stated to be approximately 300 kms and, therefore, it would be inconvenient for her to attend every date of hearing at Bina. It is also submitted that there is likelihood of physical assault to her and influence proceedings of the court.