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2019 DIGILAW 187 (HP)

Mukesh Kumari v. Shyam Lal

2019-02-25

VIVEK SINGH THAKUR

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JUDGMENT Vivek Singh Thakur, J. (Oral) - Present petition has been filed by the petitioner seeking transfer of petition preferred by the respondent under Section 9 of Hindu Marriage Act bearing case No. 13-3/2018 (HMA) titled Shyam Lal vs. Mukesh Kumari, pending in the Court of learned Civil Judge (Senior Division), Court No.1, Ghumarwin, District Bilaspur on the ground that there is threat of physical assault and use of criminal force against her at Ghumarwin as when she had gone to District Court, Ghumarwin on 25.8.2018 to attend the hearing in petition preferred by the respondent/petitioner, she was maltreated, manhandled and her purse and other belongings were snatched by the respondent/petitioner, leading to registration of GD No. 045 dated 25.8.2018 in P.S. Ghumarwin. Whereafter, the matter was referred to the Committee constituted by the District and Sessions Judge and further that earlier also after compromise in a case FIR No. 183 of 2014 under Sections 498A, 323 and 334 IPC was registered against respondent by petitioner, on 9.2.2018, when the petitioner had approached her husband at Baddi, the place of his working, he had beaten her when she had asked for key of the room, he had threatened either to kill her with son or to commit suicide in order to implicate her in a criminal case and at that time also, rapat/GD No. 011 dated 9.2.2018 was registered in Women Police Station, Mandi, which was referred to CDPO, Sadar Mandi under the Domestic Violence Act. 2. Respondent was also duly served, but he has not chosen to be represented and therefore, he was proceeded ex- parte. 3. Learned counsel for the petitioner has placed reliance upon Rajani Kishor Pardeshi Vs. Kishore Babulal Pardeshi (2005) 12 SCC 237, Ashok Adhwani Vs. Ashok Kishinchand Sadhwani AIR 2009 SC 1374 and also relied upon decisions of Co-ordinate Bench of this Court passed in CMPMO No. 285 of 2018, titled Smt. Priya & Anr. Vs. Abdesh Kondal & Ors. and CMPMO No. 177 of 2016, titled Urvashi Rana Vs. Himanshu Nayyar , in support of his plea. 4. Ashok Kishinchand Sadhwani AIR 2009 SC 1374 and also relied upon decisions of Co-ordinate Bench of this Court passed in CMPMO No. 285 of 2018, titled Smt. Priya & Anr. Vs. Abdesh Kondal & Ors. and CMPMO No. 177 of 2016, titled Urvashi Rana Vs. Himanshu Nayyar , in support of his plea. 4. It is also submitted by learned counsel for the petitioner that five years old son namely Bharat Rao, studying in nursery class in Takshila International School, Mandi, is also residing with the petitioner, who requires constant care of her mother i.e. petitioner and she has to make arrangements of her minor son for attending the case at Ghumarwin and also to face the threats of criminal force and assault by her husband. 5. Considering the averments made on behalf of petitioner and also law laid down by the apex Court and propounded by the Co-ordinate Benches of this Court, petition No. 13-3 of 2018 (HMA) titled Shyam Lal vs. Mukesh Kumar, pending before learned Civil Judge (Sr. Division), Court No.1 Ghumarwin District Bilapsur is ordered to be transferred to the Court of learned District Judge, Mandi, who after receiving the same, either himself or assigning the same to another competent Court, having jurisdiction to hear and decide the same, shall dispose of the same in accordance with law on its own merits. The parties are directed to appear before learned District Judge, Mandi on 1 st April, 2019, by which date the transmission of record by the Court of leaned Civil Judge (Sr. Division), Ghumarwin to the Court of learned District Judge, Mandi shall be ensured. The petition stands disposed of in aforesaid terms. Learned counsel for the petitioner is directed to produce the copy of order before learned Civil Judge (Sr. Division) Court No.1, Ghumarwin District Bilapsur H.P. 6. Copy of order also be sent to learned Civil Judge (Senior Division), Ghumarwin, District Bilaspur and respondent.