MAYA RANI APPLICANT Vs. JAI GOPAL

JUDGEMENT

(1.) This is an application for transferring the petition under Section 13 of the Hindu Marriage Act (in short 'HMA') from the Court of District Judge, Jind to the Court of District Judge, Hisar or Bhiwani. The petitioner is the wife of the respondent and respondent has filed abovementioned petition for divorce in the Court of learned District Judge, Jind.

(2.) The reasons sought for transfer of the petition are that earlier the respondent had filed an application under Section 9 of the HMA, which was compromised and dismissed as withdrawn on 19-4-1990. The earlier divorce petition filed by the respondent under Section 13 of the HMA was also compromised on 22-8-1996. Thereafter the parties decided to reside together but subsequently on 20-5-1998, respondent filed another petition under Section 13 of the HMA in which it was alleged that on 9-9-1998, the petitioner went to District Courts, Jind to engage a lawyer and when she was coming out of the Court, the respondent, who is working as Clerk in the Court of C.J.M., Jind, with the help of some Government counsel, followed her in a police vehicle No. HR-31-A-0376. However, she went straight to the house of her uncle Sita Ram, who is residing at Jind. While following her, respondent along with the police and Government counsel entered her uncle's house and they searched the whole house but the petitioner escaped from the backside of the house. It is further contended that on 6-1-1999, when the petitioner was coming out of the Court, the respondent threatened her to give the statement in the divorce petition in his favour so that he could take the divorce. He threatened her to kill or get her kidnapped. The respondent also used the abusive language. He also threatened that all the judges are known to him and as he will wish the same will happen. She went to the Police Station, Jind many times, to lodge the complaint but no action was taken.

(3.) It is further contended by the petitioner that the respondent is posted as Clerk in the office of the District and Sessions Judge-cum-Chairman, District Legal Services Authority, Jind and is now posted as Clerk in the Court of Chief Judicial Magistrate, Jind. It is also contended that respondent himself has threatened the petitioner that "all the Judges are known to him and as the will wish, the same will happen, as is clear from the complaint, Annexure A-1." Therefore, a reasonable apprehension has arisen in the mind of the petitioner that she might not get a fair and impartial trial. The respondent has filed the written statement and has denied the contentions made in the petition.