JUDGMENT Mr. Jitendra Chauhan, J. (Oral):- The husband has filed the present application, under Section 24 of the Code of Civil Procedure for transferring the petition titled “Sunil Kumar v. Mamta Devi” under section 13 (i), (i-a) and (i-b) of the Hindu Marriage Act, 1955, (for short the ‘Act’) from the Court of the District Judge, Rewari, to the court of competent jurisdiction at Rohtak. 2. Learned counsel for the applicant submits that marriage between the parties was solemnized on 4.12.2004. He further submits that from the inception of the marriage, the respondent-wife misbehaved with the husband and his family members. She is a quarrelsome lady and always used to spoil the atmosphere of the family on petty issues. She used to leave the matrimonial home without informing the husband. Ultimately in January 2007, she left the matrimonial home and took with her all the gold ornaments and valuable articles. She started living with her parents at Rewari. A false complaint was made in the Women Crime Cell against the applicant. The matter was compromised between the parties and husband returned all the dowry articles and amount spent on marriage to the wife. 3. The applicant/husband filed a petition under section 9 of the Act in the Court at Rohtak, which was allowed on 30.4.2008. On 20.4.2011, the applicant-husband filed a petition under section 13 of the Act, which is pending adjudication at Rohtak. The respondent-wife filed a criminal case under section 498-A/406 IPC against the husband at Rewari. It is the case of the applicant, that on 8.6.2011, when he went to Rewari to contest the case, he was given beatings by the brother of the respondent-wife, and was threatened with dire consequences. He made a complaint to the Superintendent of Police, Rewari on 23.6.2011, but no action has been taken. Thus the transfer of the petition under section 13 of the Act is sought for. 4. No one has put in appearance on behalf of the respondent. 5. I have heard the learned counsel for the parties and gone through the record. 6. The wife is residing at Rewari. As per the averments in the application, She left the matrimonial home at her own will and took the gold ornaments and other valuables with her. The matter was compromised and all the dowry articles were returned. The Ld.
I have heard the learned counsel for the parties and gone through the record. 6. The wife is residing at Rewari. As per the averments in the application, She left the matrimonial home at her own will and took the gold ornaments and other valuables with her. The matter was compromised and all the dowry articles were returned. The Ld. District Judge, Rohtak while deciding the petition under section 9 of the Act observed that after adducing all the evidence on record, it is established that the wife has withdrawn from the society of the husband without any reasonable cause, and she did not join his company despite the best efforts made by him. Moreover, when the husband went to Rewari to appear before the Court, he was given beatings and was threatened with dire consequences. He apprehends danger to his life and liberty at the hands of the family member of the respondent, in case he appears at the Courts at Rewari. 7. In view of the above, the present application is allowed and the petitions titled “Sunil Kumar v. Mamta Devi “ under section 13 of the Act is withdrawn from the court of District Judge, Rewari and is transferred to the court of competent jurisdiction at Rohtak. File shall be sent by the concerned court at Rewari to the District Judge, Rohtak within two weeks from the date of receipt of copy of this order. 8. Parties are directed to appear before the District Judge, Rohtak on 7.3.2012, who will either himself dispose of the petition or entrust the same to some other court of competent jurisdiction. --------------