SHAIFALI SARAF Vs. AANTRIKSHA SARAF

JUDGEMENT

(1.) Shri S.K. Soni, learned counsel for the applicant. Shri H.S. Rajput, learned counsel for the respondent. With the consent of both the parties, heard finally.

(2.) This is a petition filed under section 24 of the Code of Civil Procedure by the applicant/wife for transfer of matrimonial matter bearing Civil Case No. 888-A/2014 from Bhopal to Balaghat which is pending before the Principal Judge, Family Court, Bhopal.

(3.) The facts, in narrow compass, are that the marriage between the applicant and respondent was solemnized on 4/02/2014 as per the Hindu Customs. It is pleaded that the applicant had gone to her matrimonial house with the respondent/husband and lived there for sometime. The husband was not interested to live with the applicant and he was always passing sarcastic remark and was demanding more dowry and there were all kind of harassment to her. There are other allegations also made by the applicant. It is also stated that the applicant has made a complaint against the respondent and her mother-in-law before the Superintendent of Police, Balaghat. Copy of the said complaint has been filed as Annexure A/1. On the basis of such complaint, criminal case has also been registered against the respondent by Police Station Kotwali, Balaghat for commission of offence under section 498-A of IPC read with section 3/4 of the Dowry Prohibition Act. Copy of the FIR has been filed as Annexure A/2. The applicant has also filed an application under section 125 of Cr.P.C , 1973seeking maintenance from the respondent which is registered as M.Cr.C. No. 523/2014. It is further pleaded that a complaint under the provisions of Protection of Women from Domestic Violence Act, 2005 against the respondent and her mother-in-law has also been filed which is pending before the trial Court at Balaghat. After receiving the summons by the trial Court, Balaghat the respondent filed a petition under section 9 of the Hindu Marriage Act, 1955 at Bhopal in order to harass the applicant.