JAIWANTI GAHIJA Vs. ASHOK KUMAR SHARMA

JUDGEMENT

(1.) This transfer petition has been filed by the wife-Smt. Jaiwanti Gahija against her husband Ashok Kumar Sharma under Section 24 of the Code of Civil Procedure for transferring the divorce petition pending before the District Judge, Alwar to the learned Judge, Family Court/District Judge at Kota.

(2.) Briefly stated, the facts for the disposal of the present transfer application are that the marriage between the parties was performed at Alwar on 28.6.2002. After marriage, the petitioner and the respondent lived together for some time. The petitioner-wife is working as LDC in the District Court at Kota whereas the respondent-husband is a teacher at Kotkasim District Alwar. In the year 2008, a complaint was filed by the petitioner under Section 498-A/406 IPC in the Court of Additional Chief Judicial Magistrate (Junior Division) No. 3, Kota (North) which was sent for investigation to the concerned police station where FIR No. 3/2008 was registered. Subsequently, on a compromise being arrived at between the parties, final report was given by the police on 31.01.2008. In pursuance of the compromise, both the parties started living together at Kota but after some time the respondent started' making demand for a house and also insisted the petitioner for dowry and thereafter left the petitioner-wife and filed a divorce petition at Alwar under Section 13 of the Hindu Marriage Act for dissolution of marriage levelling various allegations against the petitioner-wife. The petitioner-wife also filed a protest petition in the Court of Judicial Magistrate No. 3, Kota for taking cognizance in the matter. The learned Magistrate passed an order on 14.11.2008 directing the investigating agency to investigate on the points mentioned by the complainant wife in the protest petition including the instances which took place after filing of the final report. The order passed by the magistrate was challenged before the competent Court by the husband. The allegation of the petitioner-wife is that in the past also the husband-respondent ill-treated her and intentionally filed petition seeking divorce at Alwar to harass the petitioner wife and she has apprehension that some untoward incident may take place at Alwar if she goes there to attenj the Court proceedings in the divorce petition. It is also alleged that it will be too expensive for her to go to attend the Court proceedings on each and every date of hearing and also she has to look after her old parents, therefore, in this transfer petition a prayer has been made to transfer the divorce petition from Alwar to Kota.

(3.) A reply to the transfer petition has been filed by the husband-respondent denying all the allegations levelled against him of making demand of dowry. It has been alleged in the reply that the police is under the influence of the petitioner and she is in a position to exert pressure as she is employed as LDC in the District Court at Kota. It is also alleged that in spite of filing divorce petition nearly more than a year, it could not become possible to get the notice served on her at Kota because she is managing everything at Kota to avoid service of summons and notices. It is also alleged that he was asked by the plice and pressure was exerted on him to sign the compromise wherein it was mentioned that he will not make any demand of dowry in future and will not ill-treat her. It is also alleged that in case the divorce petition is transferred to Kota, it would not be possible to get fair justice at Kota. It is also contended in reply that petitioner-wife is an earning hand, therefore, there is no difficulty for her to bear expenses in attending the Court proceedings.