PRITI SHARMA Vs. YASHPAL SHARMA

JUDGEMENT

(1.) It is jointly represented by learned counsel for the parties that the petitioner did accompany the husband as directed by this Court, however, she only managed to stay one day and there is no further scope of the parties living together jointly.

(2.) This petition under Article 227 of the Constitution of India and under Section 24 read with section 151 of the Code of Civil Procedure has been preferred on behalf of the petitioner-wife seeking transfer of the case No. 6/2017 titled as Yashpal Sharma v. Priti Sharma, from the Court of learned Civil Judge, Karsog, District Mandi, H.P. to the Court of learned Judicial Magistrate 1st Class, Court No.III, Shimla, H.P.

(3.) Undisputed facts of the case are that the marriage between the parties was solemnized in accordance with the Hindu Rites and Customs. After the marriage, the petitioner and respondent lived as husband and wife and out of the wedlock, a child born. But thereafter their relations became sour to the extent that now both of them are engaged in litigation. The petitioner has filed a petition under section 125 of the Code of Criminal Procedure, 1973 against the respondent bearing No. 32-4 of 2016 which is pending adjudication before the learned Judicial Magistrate 1st Class, Court No. III, Shimla titled as Priti Sharma v. Yashpal Sharma. Whereas the respondent, on the other hand has initiated proceedings under section 9 of the Hindu Marriage Act against the petitioner, which are pending adjudication in the Court of learned Civil Judge, Karsog, District Mandi, H.P. and the same now sought to be transferred by the petitioner to the Court of learned Judicial Magistrate 1st Class, Shimla, on the ground that the petitioner has very limited source of income and presently she is residing with her parents. Thus, she is not in a position to attend the Court at Mandi. I have heard learned counsel for the parties and perused the record.