ANISHA Vs. BHIM SAIN

JUDGEMENT

(1.) Since common questions of law and facts arise for consideration in these petitions, therefore, they were taken up together for hearing and are being disposed of a by a common judgment.

(2.) These petition under Article 227 of the Constitution of India read with Sections 24 and 151 of the Code of Civil Procedure have been preferred by the petitioner-wife seeking transfer of proceedings initiated by the respondent-husband under Section 9 of the Hindu Marriage Act,1955 ( case No. 6/2016, titled as Bhim Sain vs. Anisha) and under Section 25 of the Guardians and Wards Act, 1890 (case No. 2-2/2016, titled as Bhim Sain vs. Anisha) from the court of learned Civil Judge (Senior Division), Rampur Bushahr, District Shimla to the court of learned Additional Chief Judicial Magistrate, Court No.1, Mandi.

(3.) Undisputed facts are that the parties are husband and wife and on account of matrimonial discord, the petitioner has initiated proceedings under Section 125 Cr. P.C. and under Section 12 of the Protection of Women from Domestic Violence Act, 2005 against the respondent, which are pending adjudication before the court of learned Additional Chief Judicial Magistrate, Court No.1, Mandi and learned Judicial Magistrate, 1st Class, Court No.4 Mandi respectively, whereas the respondent has filed the petitions under Section 9 of the Hindu Marriage Act,1955 and under Section 25 of the Guardians and Wards Act, 1890, which are pending adjudication before the learned Civil Judge (Senior Division), Rampur Bushahr. The petitioner has filed the instant petitions for transfer on the ground that she has no independent source of income because she does not own or possess any movable or immovable property. It is also averred that it would not be possible for the petitioner to visit the Court at Rampur Bushahr at her expenses as she has a minor daughter to look after and maintain, whereas no inconvenience would be caused to the respondent as he is a man of means and is getting handsome salary.