LAWS(MPH)-2017-5-23

PRATIBHA(SMT.) Vs. DHARMENDRA RAJE

Decided On May 22, 2017
Pratibha(Smt.) Appellant
V/S
Dharmendra Raje Respondents

JUDGEMENT

(1.) This application under Section 24 of CPC has been filed for transfer of Case No.15/2012 (Hindu Marriage Act) filed under Section 131 of Hindu Marriage Act which is pending before the Court of Second Additional Sessions Judge, Shivpuri to Family Court, Gwalior.

(2.) It is mentioned in the application that on the report of the applicant, FIR in Crime No.1075A/2011 has been registered by Mahila Police Station, Parav, Gwalior and the case is pending before the Court of JMFC, Gwalior. Similarly, the applicant has also filed an application under the Protection of Women from Domestic Violence Act against the respondent which is also pending in the Court of JMFC, Gwalior. The applicant has also filed an application under Section 9 of Hindu Marriage Act for restitution of conjugal rights which is pending before the Court of Principal Judge, Family Court, Gwalior. It is further mentioned that the application filed by the applicant under Section 125 of CrPC is also pending in the Court of Additional Principal Judge, Family Court, Gwalior. It is submitted that the respondent has filed an application under Section 13 of Hindu Marriage Act for grant of divorce which is pending before the Court of IInd Additional Sessions Judge, Shivpuri. It is submitted that the applicant has a minor son aged about 1 year and the respondent is also pressurizing the applicant to enter into compromise. On 04/01/2013, the applicant had gone to Shivpuri to attend the case where she was abused and a report was also made to the police on 04/01/2013. Thus, this petition for transfer of the Case No.15/2012 (Hindu Marriage Act) pending in the Court of IInd Additional Sessions Judge, Shivpuri to the Family Court, Gwalior has been filed.

(3.) None appears for the applicant.