SMT. NAVEEN MALIK Vs. RAJBIR SINGH MALIK

JUDGEMENT

(1.) THIS application is filed by the wife/applicant seeking the transfer of the proceedings under Section 13 of the Hindu Marriage Act, 1955 (for short ' the Act') from Bhiwani to Soneapt, where she has been presently residing.

(2.) THE case of the applicant is that she is a polio afflicted person and has been looking after her two school going children after she was ousted from the matrimonial home. It is further case of the applicant is that an application under Section 125 Code of Criminal Procedure and another petition under Section 12 of the Prevention from Domestic Violence Act, 2005 filed by the applicant are prior in time. In order to harass the applicant, the Respondent filed petition under Section 13 of the Hindu Marriage Act, 1955 (for short ' the Act).

(3.) FROM the perusal of record, it emerges the applicant is a handicapped woman and has been residing at Sonepat with her two children. The petitions filed by the applicant are prior in time to the petition filed by the Respondent. The Respondent is already appearing before the court proceedings at Sonepat. The distance between two stations is about 90 kms.