RAHUL MAHAJAN. Vs. SARJU GUPTA

JUDGEMENT

(1.) The petitioner has filed this petition under Section 482 Cr.PC read with Section 407 Cr.PC seeking transfer of petition (Annexure P-1) filed by the respondents under Section 125 Cr.PC titled as Dr. Sarju Gupta and another Versus Rahul Mahajan for grant of maintenance.

(2.) The marriage of the petitioner-husband and respondent No.l-wife was solemnised on 12.05.2013. Out of this wedlock, they have one daughter i.e. respondent No.2, namely, Leana Mahajan. There being a matrimonial dispute between the parties, respondent No.l got registered an FIR No.50 dated 22.09.2016 under Sections 406 and 498-A IPC at Police Station Women, Amritsar City against the petitioner and his family.

(3.) Through the instant petition, the petitioner seeks transfer of the petition under Section 125 Cr.PC filed by the respondents primarily on the ground that the respondent No.l is an Advocate by profession and she being a member of the District Bar Association, Amritsar where the petition under Section 125 Cr.PC is pending, no lawyer is accepting the brief of the petitioner. The petitioner and his counsel were threatened by the Advocates representing the respondent No.l along with the President of the Bar Association, Amritsar. In this manner, the petitioner apprehends that no justice would be done to him unless he gets a lawyer of his choice. Moreover, the respondent No.l along with the Executives of the Bar Association, Amritsar are creating pressure and openly claiming that they will not let any advocate to appear on behalf of the petitioner.