Judgment

PALEKAR, J. :- These are two petitions for the transfer of two criminal cases filed against the petitioner Mrs. Sesamma Phillip in the Court of the Additional District Magistrate, Durg, Madhya Pradesh, to a competent Court at Delhi subordinate to the High Court of Delhi.

2. The petitioner had joined as a Staff Nurse in the Safdarjung Hospital, New Delhi, in the year 1962 and has been working there since them. On April 23, 1967 she married one Mr. P. Phillip who was employed as a Junior Supervisor in the Bhilai Steel Plant in the Tehsil and District of Durg, Madhya Pradesh. They lived together at their native place after marriage for about a month and during that period the petitioner became pregnant. The husband then left for Bhilai and the petitioner came to Delhi in June, 1967 to join her duty. In December, 1967 the husband came over to Delhi for a few days and on January 10, 1968 the petitioner gave birth to a son at Safdarjung Hospital, New Delhi. After that the husband again came and lived with the petitioner till April, 1968.

3. Sometime later, the petitioner learnt from a close family friend that her husband Mr. Phillip had been keeping a concubine name Kunjamma in his house at Bhilai. The petitioner went to Bhilai with her son with a view to dissuade her husband from following a wong course since ultimately that would wreck their marriage and affect the future of the child. She tried both personally and through their friends and relations to persuade him to give up the concubine, but Mr. Phillip refused and asked her not to interfere with his private life.

4. The petitioner then returned with her son to Delhi to join her post and thereafter on 20-11-1968 Mr. Phillip filed a petition for judicial separation before the First Additional District Judge, Durg, M. P. At about this time Mr. Phillip s sister Miss Richel also joined her at Delhi and lived with her for about two months. According to the petitioner the sister s whole idea in living with her was to persuade the petitioner to agree to judicial separation. She also told her that her brother was a very tough man and that if she did not consent to the judicial separation he would harass and kill her and snatch away the child. The petitioner, however, refused to oblige and thereafter in about January, 1969 Miss Richel left Delhi to join her brother at Bhilai.

5. It appears that some correspondence was going on between the petitioner, on the one hand, and Miss Richel, on the other, and basing her case on this correspondence Miss Richel filed a complaint in the Court of the First Class Magistrate, Durg on 24-6-1969 alleging that in this correspondence the petitioner and her brother had committed an offence of defamation under Section 500, IPC. That complaint in Case No. 999/1969/1319/69. The petitioner engaged Shri B. L. Parakh, Advocate, Durg to appear on her behalf in that case and instructed him to apply to be exempted from personal attendance in Court. She was very much afraid to go to Durg which was about 1500 Kilometers away from New Delhi as she had no relations and friends at that place. She also sent a telegram to the Magistrate requesting him to dispense with her personal attendance at Court because she was afraid that her husband might kill her. The learned Magistrate dispensed with her attendance and that case is still pending.

6. On 4-2-1970 the petitioner filed an application before the Chief Divisional Magistrate, Delhi against her husband for maintenance for herself and her child. But the same was dismissed on 20-7-1970.

7. In the meantime, however, it appears Mr. Phillip withdrew his petition for judicial separation on 6-7-1970 because of some technical defect. After curing the defect he re-filed the petition. In this petition he not only asked for judicial separation but also for the custody of the child. The petitioner was afraid to go to Durg to attend the Court and so she allowed the petition to be disposed of ex parte. The learned Judge ultimatel