KAPILA BHUDHIRAJA Vs. DEEPAK BHUDHIRAJA

JUDGEMENT

(1.) This is a petition for transfer of case titled Kapila Bhudhiraja v. Deepak Budhiraja & Anr. bearing no. 2311/2017 pending before the court of Ms. Riya Gua, Ld. M.M.-Rohini Courts, Delhi to any other District Court.

(2.) Ld. Counsel for the petitioner has submitted that petitioner has filed a complaint under Section 12 read with Section 17 and 23 of the Domestic Violence Act against the respondents. Petitioner is residing in her matrimonial home i.e. property bearing No. 138, FF, Gupta Colony, New Kalyan Vihar, Delhi, since her marriage with the respondents purchased by the joint funds/income after selling another ancestral property. Petitioner is taking care of her two daughters independently without any support from the respondent No.2. The elder daughter of the petitioner is in 4th class and younger daughter is hardly about months old.

(3.) Ld. MM on her complaint under the domestic Violence Act has appointed Protection Officer and also issued notice to the respondents. The Protection Officer has filed his report dated 17.03.2017 wherein it is reported that petitioner is residing in the suit property. Vide order dated 21.03.2017, Ld. MM has refrained the respondents from committing any physical violence against the petitioner and her minor children and the respondents were restrained from dispossessing the complainant/petitioner and her two children from the suit property till the disposal of the case.