SWARANJIT KAUR Vs. LT COL AVTAR SINGH

JUDGEMENT

(1.) Heard the learned counsel for the parties. The respondent is the husband of the petitioner. The marriage between the parties took place on 4-10-1989 as per the say of both the counsel. The marriage had taken place after the death of first wife of the respondent. The son of the respondent is serving in Merchant Navy and son-in-law of respondent is serving in police. The respondent has filed a case for divorce against the petitioner which is pending in the Court of learned Additional District Judge, Karnal. The petitioner wants to get the case transferred to Yamuna Nagar because she fears danger to her life from respondent's son and son-in-law and she has filed this petition.

(2.) Notice of this petition was issued and the respondent appeared and filed the written statement. Respondent has contested the case. Learned counsel for the petitioner has argued that whenever the petitioner goes to Karnal her life is in danger. According to him, the son and son-in-law of the respondent were from the beginning inimical to the petitioner and, therefore, when she goes to contest the case at Karnal, she is threatened.To show the enmity, the petitioner has quoted an earlier F.I.R.given by the respondent on 14-9-1995 in paragraph 4 of the petition. It reads as under :-

(3.) Counsel for the respondent argued that the FIR was given in the year 1995 and the divorce proceedings have been initiated in the year 1997 and, therefore, the facts stated in the FIR are of no relevance. On the contrary, it goes to show that the respondents was helping the petitioner.