SAPNA TIWARI Vs. SHIVDUTT SHARMA (PIYUSH SHARMA)

JUDGEMENT

(1.) This Transfer Application under sec.24 has been filed for transfer of Case No. 453/2016 (Shivdutt Sharma v. Smt. Sapna ), pending before the Family Court, Ajmer, to the Family Court at Bikaner.

(2.) Briefly stated, marriage between parties was solemnized on 10.12.2006. Out of the marriage, two daughters and one son were born. The respondent started harassing her and on several occasions subjected her to domestic violence on the ground of dowry, for demand of Rs. 15 Lacs and one luxury car. The petitioner was ultimately turned out of the matrimonial home on 29.05.2016 and she is forced to live with her parents. The petitioner and her parents tried to settle through Panchayat but all efforts failed.

(3.) Thereafter, an FIR (No. 136 dated 02.07.2016) was lodged before Women Police Station, Bikaner against the respondent and his family members for offence under secs.498A, 406, 323, 120B, 354 IPC, in which after investigation the Police has filed challan and the case is pending for trial before learned Additional Chief Judicial Magistrate No. 3, Bikaner. An application under sec.12 of the Protection of Women from Domestic Violence Act has also been filed before the learned Additional Civil Judge (SD) and Additional Chief Judicial Magistrate No. 3, Bikaner. It was also contended that the petitioner has no independent source of income for maintaining herself and her children. She has filed an application for maintenance from respondent under sec.125 CrPC, which is pending before the Family Court No. 1, Bikaner.