GEETANJALI AND ANOTHER Vs. NARESH KUMAR AND OTHERS

JUDGEMENT

(1.) Geetanjali wife of Naresh Kumar has approached this Court under Section 407 Cr. P. C for transfer of a petition filed by her under Sections 12, 17, 18, 19 and 20 of the Protection of Women from Domestic Violence Act which is pending in the Court of Ms. Kiran Bala, PCS, Sub Divisional Judicial Magistrate, Dera Bassi. The petitioner has also filed a petition under Section 125 Cr. P. C. which is pending before the same Court at Dera Bassi. Prayer is for transfer of these two cases to a Court of competent jurisdiction in the Sessions Division of Yamuna Nagar in the interest of justice.

(2.) It is averred that the parents of petitioner No. 1 belongs to a poor family who toil hard everyday to make their both ends meet. Due to the economic condition of her parents, they are unable to support petitioner No. 1.

(3.) Respondent No. 1 was married to respondent No. 1 and out of their wedlock, petitioner No. 2 was born on 25.06.2001. It is stated that respondents were not happy on the birth of a girl child for which the petitioner was blamed. In the year 2003, when she again became pregnant, her pregnancy was illegally determined and when it was found that petitioner No. 1 was carrying a female child in her womb, she was forcefully made to abort the baby. This exercise was statedly again repeated in the year 2005 on the same ground. After ten years of the marriage, the petitioner No. 1 was mercilessly beaten and accordingly she has now filed a complaint.