TARA DEVI Vs. SUSHEEL KUMAR

JUDGEMENT

(1.) Petitioner herein is wife of respondent. They have solemnized marriage on 23rd April, 2015 at Shimla according to Hindu rites and ceremonies after falling in love with each other. On 6th January, 2017, petitionerwife had approached Women Police Station, Shimla for lodging a complaint against her husband and inlaws under Domestic Violence Act. Her statement was recorded by the police and was referred to the Protection Officer, Totu, Shimla, for further action whereupon, on the basis of report, dated 15th February, 2017 filed by Protection Officer in an application filed under Section 12 of Domestic Violence Act in April, 2017, Learned Chief Judicial Magistrate, Shimla, has taken cognizance of the complaint filed on behalf of the petitionerwife against the husband and his relatives including parents.

(2.) Respondenthusband, after filing reply to the said complaint, had preferred a petition before District Judge, Bilaspur, under Section 13 of the Hindu Marriage Act for dissolution of marriage by passing a decree of divorce. The said petition is now pending before learned Additional District Judge, Ghumarwin, District Bilaspur (Camp at Bilaspur) . On receiving summon (Annexure P4) in the aforesaid divorce petition, petitionerwife has approached this Court for transfer of the said petition to Shimla.

(3.) This petition has been opposed by the respondenthusband on the ground that petitionerwife is misusing the provisions of Section 23 (2) and Section 24 (1) (a) (b) (ii) of Code of Civil Procedure be taking advantage of her womanhood. It has been stated in the reply that petition, sought to be transferred, preferred by the respondenthusband has been filed in the competent Court having the jurisdiction to hear and decide the same and no ground for transfer of the same is made out.