AARTI RANA Vs. GAURAV RANA

JUDGEMENT

(1.) The present petition has been maintained by the petitioner under Section 482 of the Code of Criminal Procedure for transfer of Case No.90-2 of 2017, filed under Section 498-A of the Indian Penal Code, titled State versus Gaurav from the Court of learned Addl. Chief Judicial Magistrate, Court No.1, Shimla to the Court of learned Chief Judicial Magistrate, Kangra at Dharamshala, H.P.; another case filed under Section 125 Cr.P.C. bearing Case No.900 715/2015, titled Aarti Rana versus Gaurav Rana from the Court of learned Judicial Magistrate Ist Class, Court No.6, Shimla to the Court of learned Chief Judicial Magistrate, Kangra at Dharamshala and case filed under the provisions of Protection of Women from Domestic Violence Act, 2005 bearing Case No.18/2017, titled Aarti Rana and others versus Gaurav Rana and others, from the Court of learned Addl. CJM, Court No.1 Shimla to the Court of learned CJM, Kangra at Dharamshala.

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(3.) Briefly stating the facts, giving rise to the present petitions are that the marriage of both the petitioner and respondent was solemnized on 29.01.2007, as per Hindu rites and customs and from the loins of the respondent, a son aged about 10 years old and a daughter aged about 08 years old were born. It has been alleged that after marriage, everything was fine, but after a few months of marriage, the respondent, alongwith his family, started torturing and leveling allegations against the character of the petitioner. It is averred that the husband of the petitioner is habitual drunkard and used to remain under the influence of excessive liquor and drunken condition and the respondent and his family used to loose all the norms of decency and good behaviour. It has been averred that the respondent also used to give beatings to the petitioner and tortured her physically and mentally. The petitioner has been treated in very inhuman manner. After the marriage, the petitioner started living in the joint family of the respondent at Narain Building, Gali No.14, Lower Bazar, Shimla, but for some duration, the petitioner was forced by the parents of the respondent to shift to another place and as such, the parties started living in New Shimla against the interest of the petitioner. It has been alleged that the respondent filed a petition under the Hindu Marriage Act. After some time, the petitioner was bound to left the matrimonial house to her parents, house at Pragpur in District Kangra, HP. The petitioner filed petition under Sections 24 and 25 of the Code of Civil Procedure for transfer of proceedings from the Court of Additional District Judge-I, Shimla to the Court of District Judge, Kangra at Dharamshala, in CMPMO No.395 of 2015. That petition was allowed and the case was ordered to be transferred from the Court of learned Addl. District Judge-I, Shimla to the Court of District Judge, Kangra at Dharamshala. It has been averred that the parties agreed to compromise the matter with each other and decided to stay together at Shimla. Further that the petitioner alongwith children i.e. a son (10 years old) and a female minor child (08 years old) came to Shimla and started living in the joint family at Shimla, but the respondent and his family members did not mend their behivour and started torturing the petitioner again and ultimately petitioner left with no option but to file a case under Protection of Women from Domestic Violence Act, bearing Case No.18/2017 against the respondent and his parents, which is pending adjudication in the Court of learned ACJM, Court No.1, Shimla, H.P. and one more case under Section 498-A in F.I.R. No.157 of 2019, Case No.19-2 of 2017, which is pending before the Ld. ACJM, Court No.1, Shimla. It has also been averred tha thereafter, the respondent filed a petition under Section 24 and 27 C.P.C. for transfer of the cases on the ground that the parties are residing together at Shimla and the CMPMO was allowed on this ground that the petitioner alongwith children residing with the respondent and the matter under Hindu Marriage Act case No.21-S/30/2015 was transferred to the Court of District Judge, Shimla and one another case, which was filed under Section 125 Cr.P.C. i.e. case No.900 715/2015, which is also pending adjudication before the learned JMIC, Court No.6, Shimla.