Smt. Rajani Gupta vs Rakesh Kumar Gupta

T.P. Sharma, J.—This petition is for transfer of matrimonial suit filed u/s 13 of the Hindu Marriage Act, 1955 (for short ''the Act) pending before the 3rd Additional Principal Judge, Family Court, Durg bearing Civil Suit No. 50A/2007, on the ground of threat.

Undisputed facts of the case are that the present applicant and the non-applicant are wife and husband, the non-applicant has filed a suit u/s 13 of the Act for dissolution of marriage which is pending before the 3rd Additional Principal Judge, Family Court, Durg bearing Civil Suit No. 50A/2007. The present applicant has also filed an application for maintenance u/s 125 of the Code of Criminal Procedure before the criminal Court situated at Shahdol. Krishna Gopal Gupta is father of the1 non-applicant and Harish Sinha is a practicing Advocate of the non-applicant. Ravindra Gupta is brother of the applicant. At the instance of the present applicant offence u/s 498A read with Section 34 of the I.P.C. and Section 4 of the Dowry Prohibition Act has been registered at Durg against the non-applicant and his relatives and offence under Sections 448, 294 and 506B read with Section 34 of the I.P.C. has been registered against the non-applicant and his counsel Harish Sinha at Shahdol. At the instance of the non-applicant and his counsel Harish Sinha, criminal case u/s 107-116(3) of the Code of Criminal Procedure has been registered against the brother of the applicant at Durg.

Learned Counsel for the applicant submits that the applicant who is resident of Shahdol is required to attend the Court situated at Durg where the non-applicant is residing and has filed the aforesaid petition for divorce. Relations between the parties are strained and both the parties have lodged reports against each other at Shahdol and Durg where brother of the applicant, non-applicant and his counsel were arrested in connection with the aforesaid offences. Learned Counsel further submits that the applicant who is a lady is in danger, her life is not safe and she is not in a position to attend the Court situated at Durg. He also submits that the aforesaid case be transferred from Family Court, Durg to any other Court situated in any district within the State of Chhattisgarh. Learned Counsel placed reliance in the matter of Fajlor Rahman @ Mohamod Fajloo @ Raju and Others Vs. State of Punjab and Another, in which the Apex Court has transferred the criminal case pending before the Court of Punjab to the Court of Assam u/s 407 of the Code of Criminal Procedure.

I have heard learned Counsel for the parties.

Factual matrix relating to the dispute, lodging of F.I.R. and arrest of the parties are not disputed by learned Counsel for the non-applicant. Learned Counsel for the non-applicant frankly admitted that at the instance of parties different offences have been registered at Durg and Shahdol.

This is a case of transfer of matrimonial suit on the basis of threat and endanger to life of the applicant. It is not substantially disputed by the parties that both the parties had lodged reports against each other and were arrested at Shahdol and Durg. Admittedly, the present applicant is a lady and she is resident of District Shahdol (M.P.). Fair and impartial trial without any fear is a sine qua non for dispensing civil or criminal justice and the Courts are required to ensure fair, impartial and fearless trial. In this case, both the parties had lodged reports against each other and have been arrested at different Police Stations. This shows the factum of threat and fear. It appears from the documents and contents of the petition that the applicant will not be getting fearless justice at the Family Court situated at Durg and to ensure dispensation of fair and impartial justice, the aforesaid dispute pending before the 3rd Additional Principal Judge, Family Court, Durg should be transferred to any other Court situated at another district.

Consequently, the petition is allowed. Matrimonial dispute bearing Civil Suit No. 50A/2007 (Rakesh Kumar Gupta v. Smt. Rajani Gupta) pending before the Court of 3rd Additional Principal Judge, Family Court, Durg is hereby transferred to the Court of Principal Judge, Family Court, Raipur. No order as to costs.

Parties are directed to appear before the said Court on 13-7-2009 for further proceeding of the case. The 3rd Additional Principal Judge, Family Court, Durg is directed to transfer the file immediately to the Court of Principal Judge, Family Court Raipur.

A copy of this order be sent to the Principal Judge, Family Court, Raipur and the 3rd Additional Principal Judge, Family Court, Durg, forthwith.