Ashish Singh v. Pushpa Singh

$~51.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(CRL.) 2/2017 ASHISH SINGH ..... Petitioner Through:

Petitioner in person.

versus PUSHPA SINGH ..... Respondent Through:

Mr. Rajat Katyal, APP along with SI Shri Gopal, PS - Shakarpur, for the State.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 12.01.2017 Crl. M.A. No. 649/2017 Exemption allowed, subject to all just exceptions. The application stands disposed of.

TR.P.(CRL.) 2/2017 and Crl.M.A. No. 648/2017 The State is impleaded as a party respondent in the matter. Mr. Rajat Katyal, APP has accepted notice on behalf of the State. The petitioner has preferred this transfer petition to seek transfer of the following cases from the Court at which they are pending in Karkardooma Courts to a competent Court at Rohini Court Complex:

Sl. No. Case No.

Under Section CC 624/2014 125 Cr.P.C.

HMA 611/2014 13(i)(ia) of Hindu Marriage Act 584/2014 125(3) Cr.P.C.

17/2016 125(3) Cr.P.C.

FIR No.713/2011 498A/ 406/ 34 IPC 90/2011 12 of Protection of Women From Domestic Violence Act.

7.

ID No.104/1/2015 200 Cr.P.C.

The reason disclosed by the petitioner for seeking transfer is that the respondent/ his estranged wife is politically connected and the petitioner is facing harassment at the hands of respondent and her family members whenever he is attending the Court proceedings. The further submission of the petitioner is that the proceedings are prolonging and the cases are not being decided expeditiously. In my view, the aforesaid do not constitute reasons for transfer of the proceedings to another district. It is not the petitioner's case that the Court at Karkardooma Court Complex is not competent, or does not have jurisdiction to deal with the complaints and cases pending between him and his estranged wife.

In view of the aforesaid circumstances, I am not inclined to transfer the pending cases as sought for by the petitioner. However, in view of the threat perceived by the petitioner, I direct the in-charge of the Police Post at Karkardooma Courts Complex, and the SHO, PS - Farsh Bazar to provide adequate protection to the petitioner whenever he attends the Court

proceedings in the concerned Courts. The petitioner shall keep the SHO/ incharge of the aforesaid Police Post/ Station informed of the date of hearing of his cases so that they are aware when he is visiting the said Courts complex. The Courts in which the cases between the parties are pending are also requested to expedite the disposal of the cases. The petition stands disposed of in the aforesaid terms. Dasti.

VIPIN SANGHI, J JANUARY 12, 2017 B.S. Rohella