RASHMI SHARMA Vs. MANOJ SHARMA

JUDGEMENT

(1.) This transfer petition has been filed for transfering the criminal case No.510/2009, pending before the Additional Civil Judge (J.D.) and Judicial Magistrate No.15, Jaipur City, Jaipur to the Judicial Magistrate (First Class) Vair, District Bharatpur.

(2.) IT is the case of the petitioner that she had filed a FIR, FIR No.33/2009, under Section 498A and 406 IPC at Police Station Mahila Thana, Jaipur City (East), Jaipur on 16.3.2009 against the respondents. Due to the physical and mental cruelties to which she was subjected to, she had no option, but to leave her matrimonial home and to shift to her father's house situated in Bhatatpur. At Bharatpur, she had filed two cases against the respondents, namely one under Section 125 Cr.P.C. for maintenance and another under Sections 12 and 18 of the Domestic Violence Act, 2005. Both these cases are pending before the Judicial Magistrate (First Class) Vair, District Bharatpur. IT is further her case that since she belongs to an extremely poor family, she is unable to travel from Bharatpur to Jaipur in order to contest her criminal case. Moreover, she claims that her in-law's have been pressurizing her for withdrawing the criminal case, failing which she would face dire consequences on coming to Jaipur. Fearing for her personal security, she has moved the present petition before this Court.