Swati Soni vs Sachin Soni And Another

This is a petition by wife for transfer of Criminal Case No.1112 of 2015 pending before J.M.F.C., Shajapur under Section 498-A of IPC registered at her instigation against the respondents, who are husband and mother-in-law.

The petitioner wants this case to be transferred to Competent Court situated in Dindori, as now a days she is residing in Dindori after separation from her husband and in-laws.

Her submission is that she has a five years' old minor daughter and has apprehension that there may be a danger to her life and limb, if she goes to attend the case in the area where her husband has influence. Further, it is submitted that she has five years' old daughter and Shajapur is about 650 kms away and there is no one to support or accompany her to attend the case in Shajapur. Therefore, the case be transferred to Dindori where already a petition preferred by her for maintenance under Section 125 of Cr.P.C. is pending and husband is attending the case.

Learned Counsel for the respondents has opposed the prayer.

I have considered the facts of both the cases.

Admittedly, respondent No.2 mother-in-law is a 62 years' old lady. The petitioner is required to attend case No.1112/2015 only once for the purpose of deposing her statement, while the accused persons/respondents herein are required to attend the case on each and every date of hearing to be fixed by the learned Trial Court. It would be very difficult for respondents, particularly respondent No.2 to travel 650kms for attending the hearing of the case, which may prolong for several years and she may be required to attend the case on several times. Apprehensions of the petitioner can be dealt with by adopting some safety measures. Her expenses can also be met by providing some resources.

At this stage, learned Counsel for the respondents submitted that he is ready to bear the actual expenses of the petitioner when she comes to attend the case to depose her statement in the Court of Shajapur. He is ready to deposit or to pay estimated expenses of Rs.2,000/- for this purpose.

The Trial Court is directed to provide security when the petitioner comes to depose before it and shall ensure safe arrival and departure of the petitioner from District Shajapur. The petitioner is directed to attend the Trial Court on 22nd January, 2020.

Needless to say that the accused persons shall also remain present to cross-examine her on the same day. Any date if already fixed by the Trial Court shall be accommodated, accordingly.

With the aforesaid directions, the present petition stands disposed of.