SMIRTI SINGH ALIAS SMRITI SINGH Vs. ANUPAM RANJAN

JUDGEMENT

(1.) Heard learned Counsels for the Petitioner and the opposite party.

(2.) This is an application of the wife for transfer of Divorce Case vide Matrimonial Case No. 94 of 2009 filed by the opposite party-husband pending before the Principal Judge, Family Court, Patna to the Principal Judge, Family Court, Madhepura.

(3.) The short relevant facts are that admittedly the marriage of the Petitioner and the opposite party was solemnized on 5th December, 2005 from the Patna residence where the father of the Petitioner was residing along with his other children. The further case of the Petitioner is that although at the time of marriage the gift and dowry as per the financial capacity of her father was given to the opposite party, however after some time of the marriage, the husband-opposite party and his family members started pressurizing the Petitioner for bringing more and more dowry which could not be fulfilled on account of the poor financial condition of the father of the Petitioner who was a middle class farmer burdened with maintaining the family with his meager agricultural income. Further case of the Petitioner is that the opposite party, son of an Advocate at Patna, continued to demand and thereafter started torturing the Petitioner for more dowry and when the torture reached to such an extent that it became unbearable to live in her matrimonial home she was compelled to go to her parents place in the district of Madhepura where the father and other family members are residing. The further case of the Petitioner is that on account of torture and demand of dowry Petitioner filed a complaint case under Section 498A of the Indian Penal Code vide Complaint Case No. 1411 of 2009 in the Court of Chief Judicial Magistrate, Madhepura and also filed an application under Section 125 of the Code of Criminal Procedure vide Miscellaneous Case No. 115 of 2009 pending in the Family Court at Madhepura claiming maintenance from the opposite party. Petitioner on being learnt about the filing of the divorce case in question vide Matrimonial Case No. 94 of 2009 which has been filed by the opposite party at Patna, got inspected the records of the said divorce case and on inspection it was detected that the opposite party had earlier also filed a divorce case vide Divorce Case No. 628 of 2007 which was dismissed for non-prosecution on 23.09.2008. The application for restoration of the same vide Miscellaneous Case No. 19 of 2008 was dismissed. Thereafter the opposite party filed the present divorce case.