ALKA Vs. PANKAJ SHINGARI

JUDGEMENT

(1.) Prayer in the present application is for transfer of petition, titled as Pankaj Shingari v. Smt. Alka filed under Section 9 of the Hindu Marriage Act, 1955 (for short 'the Act') by the respondent-husband from the Court of Civil Judge (Jr. Division), Karnal, to the Court of competent jurisdiction at Jagadhri, District Yamunanagar.

(2.) Service of respondent is complete. However, at the time of hearing, no one had appeared for him.

(3.) Learned Counsel for the applicant submitted that marriage of the applicant was solemnised with the respondent according to Hindu rites at Yamuna Nagar on 26.10.2004. Two children were born out of the wedlock. The applicant was turned out of matrimonial home. As all efforts for reconciliation thereafter remained futile, the applicant lodged FIR No. 581 dated 12.12.2009 under Sections 498-A, 406, 323, 506, 120-B/34 IPC at P.S. City Jagadhri District Yamuna Nagar. She also filed a complaint under Section 12 of The Protection of Women from Domestic Violence Act, 2005 (for short 'the DV Act') in which husband is appearing. As a counter blast to the aforesaid cases filed by the applicant, the respondent filed a petition under Section 9 of the Act at Karnal. The submission is that it is difficult for the applicant to attend the hearings of the petition under Section 9 of the Act filed by the respondent-husband at Jagadhari, District Yamunanagar, being a poor lady, who is living with two small children at the mercy of her parents with no source of income. No one is there in the family to accompany her to attend hearings of the case at Karnal. The applicant is not even being paid any maintenance. The husband is working in a private company. It is the convenience of the wife which is to be seen. Considering the aforesaid facts, the petition under Section 9 of the Act filed by the husband at Karnal be transferred to the Court of competent Jurisdiction at Jagadhri, District Yamunanagar.