SEEMA Vs. ANAND TYAGI

JUDGEMENT

(1.) The present petition has been filed by Smt. Seema seeking transfer of petition under Section 9 of the Hindu Marriage Act, which has been filed by her husband in the Court of Additional District, Rewari to the Court of competent jurisdiction at Panipat.

(2.) The petitioner has averred that the aforesaid petition has been filed by her husband as a counter-blast to secure her presence in Rewari so that they can eliminate her. She also averred that a criminal case FIR No. 6 dated 5.1.2002 under Sections 498-A, 406 and 506 of Indian Penal Code registered at Police Station, Samalkha is pending in the Court of Additional Chief Judicial Magistrate, Panipat. She submits that she would be required to travel about 304 KMs on each date of hearing at Rewari, which would make it difficult for her to defend the case at Rewari.

(3.) The respondent in his reply denied the averments regarding the circumstances in which the parties drifted apart from one and another and asserted that there was no reason for allowing the petition filed by Smt. Seema for transfer of the petition filed by him under Section 9 of the Hindu Marriage Act, for restitution of conjugal rights, which is pending in the Courts at Rewari.