NISHA Vs. AMARVEER YADAV

JUDGEMENT

(1.) Applicant wife seeks transfer of petition filed by the respondent-husband under Section 9 of the Hindu Marriage Act, 1955 titled as "Amarveer Yadav Vs. Nisha alias Manisha" pending before the District Judge, Ludhiana to the Court of competent jurisdiction at Narnaul.

(2.) Learned counsel for the applicant submits that applicant has filed a complaint under Sections 11/12 of Domestic Violence Act against the respondent and his parents, which is pending adjudication at District Courts, Narnaul. He further submits that applicant has no source of income and is wholly dependent on her maternal uncle. The distance between Ludhiana and Narnaul is about 400 Kms. Therefore, it is difficult for her to attend the Court proceedings at Ludhiana.

(3.) On the other hand, learned counsel for the respondent resisted the application on the ground that applicant is residing with her parents at Panthroli, Tehsil Buhana, District Jhunjhunu, Rajasthan. She has also made a complaint under Section 498-A, 406 and 423 IPC before Police Station Panchari Kalian, District Jhunjunu, Rajasthan which is now pending before Judicial Magistrate Buhana, District Jhunjhunu, Rajasthan. He further submits that respondent is willing to save his marriage and even he has no source of income, and he has to look after his retired father who is suffering from cancer. In these circumstances, it would be difficult for him to attend court proceedings at Narnaul.