ANITA Vs. BALBIR SINGH

JUDGEMENT

(1.) By way of instant petition filed under S.24 of the Code of Civil Procedure read with Art. 227 of the Constitution of India, prayer has been made to transfer complaint No. 39-3 of 2014 titled Smt. Anita vs. Sh. Balbir Singh, filed under the provisions of the Protection of Women from Domestic Violence Act, 2005, from the court of learned Additional Chief Judicial Magistrate, Court No.1, Shimla to any competent court of law at Nadaun, Hamirpur, Himachal Pradesh.

(2.) Facts, unfolding from the petition, are that marriage of petitioner and respondent was solemnized in the year 2001 as per Hindu rites and customs at Hamirpur and out of marriage, two children namely Kumari Simran and Master Sumit are stated to have been born to the parties. It is alleged that 3-4 months after the marriage, respondent started maltreating the petitioner. Petitioner is stated to be residing at Hamirpur in her paternal house after Dec., 2014, when she was forced to move out of the matrimonial house at Shimla. Further, vide order dated 6.4.2016, an interim maintenance of Rs.2,000.00 to the petitioner and Rs.1500.00 each to the minor children has been granted by the court of learned Additional Chief Judicial Magistrate, court No.1.

(3.) Subject matter of the present controversy is a complaint having been filed by the petitioner under the provisions of the Protection of Women from Domestic Violence Act, 2005 in the court of learned Additional Chief Judicial Magistrate, Court No.1, Shimla, i.e. Complaint No. 39-3 of 2014, against the respondent and which was lastly listed on 19.6.2017.