Kaavinder Bhatia v. Shelly Bhatia & Anr

ORDER %

19.07.2013 CRL.M.A.10539/2013 (exemption) Allowed, subject to just exceptions. TR.P.(CRL.) 34/2013

¶1The prayer made in this petition is for transfer of the petitionunder Section 125 Cr.P.C. for grant of maintenance filed by the respondent no.l against the petitioner which is pending before Ms.Vandana Jain, M.M., Karkardooma Courts, Delhi to District Courts, Rohini, Delhi.

¶2Learned counsel for petitioner has submitted that petitioner and respondent no.l got married to each other according to Hindu rites and ceremonies on 23.02.2006. One girl child, i.e. respondent no.2 was bom from their wedlock. It is alleged that after marriage they had initially lived at Railway Colony, Motia Bagh, Delhi and thereafter they shifted to F-6/19, Krishna Nagar, Delhi-51 i.e. the house belonging to the deceased parents of Page 1 of3 respondentno.l. Petitionerhas alleged that there he was beaten by the respondentno.l and her uncle and cousinand he had reportedthe matterto local police over there but no action was taken due to influence of respondentno.l's uncle and his son. Learned counsel for petitionerhas referredto a complaintdated20.12.2011made in this regardto the SHO of the policestationKrishnaNagar. It is statedthatrespondentno.l belongsto an influentialfamily,as such,the petitionerapprehendsdangerto his life. It is stated that petition under Section 125 Cr.P.C. has been filed in Karkardooma Courts. The petitioner apprehends danger to his life in visitingthe said area, as such, the petitionof wife be transferredto Rohini Courts, Delhi.

¶3The complaintmade by the petitionerabout the allegedbeatingson

20.12.2011onwhichheisprayingfor transferofthepetitionfiledbywife is perused. The statusreportfiled by the policein respectofsaidcomplaintis alreadyon record which is at page 38 of the paper book which shows that aftermakingthe complaintthe petitionerdid notmake himselfavailablefor conductinginquiryinrespectof said complaint. His mobilephonewas also switched off and the matter remained pending for the purpose of inquiry from the complainant. The petitionshows that thereafterthe petitionerhas filed a complaintbeforethe learnedM.M. whereinthe policehad filed the aforesaidstatusreport. Eventhatcomplaintwas withdrawnbythepetitioner and did not pursuethe same. Inthese circumstances,no case for transferof petitionis made out as it isthe petitionerhimselfwho isnot makinghimself availablein the policestation. There is nothingon recordto show that any otherincidenthad takenplaceafterthe allegedincidentof 20.11.2011. The Page2 of3 petitionerhas yet to appearbeforethe learnedM.M. wherethe proceedings under Section 125 Cr.P.C are pending. In thesecircumstances,no case fortransferof petitionis made out. The petition is dismissed. CRL.M.A.10538/2013

(stay) In view of above order, no further orders are required on this application.The same standsdismissedas infructuous. VEENABIRBAL,J JULY 19,2013 srb ^of3

$-28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(CRL.) 34/2013 KAAVINDERBHATIA Petitioner Through: Mr.Siddharth Yadav, Adv. with petitioner in person. versus SHELLY BHATIA & ANR Respondents Through: None. CORAM: HON'BLE MS. JUSTICE VEENA BIRBAL