LAWS(P&H)-2012-2-227

GURJEET BAJAJ Vs. RISHI DUA

Decided On February 23, 2012
Gurjeet Bajaj Appellant
V/S
RISHI DUA Respondents

JUDGEMENT

(1.) The present application has been filed by the applicant-wife, seeking transfer of the petition titled as 'Rishi Dua Vs. Gurjeet Bajaj', filed under Sec. 13 of the Hindu Marriage Act, 1955, (for short 'the Act) from the Court of learned Additional District Judge, Kurukshetra to any other competent Court of justification at Panchkula.

(2.) Learned counsel for the applicant contends that after few days of marriage, the applicant was ousted from her matrimonial home. He further contends that the respondent and his family members tortured her for bringing insufficient dowry. It is further contended that the applicant has also lodged an FIR No. 183 dated 25.6.2009, under Sections 406, 498A, 506 of Indian Penal Code at Police Station Sadar Thanesar, in which the proceedings are going on before the learned Additional Chief Judicial Magistrate, Kurukshetra. She has also filed a petition under Sec. 125 of the Code Criminal Procedure for grant of interim maintenance, which is also pending at Kurukshetra. It is further contended that she is presently residing at the mercy of her widowed mother at Panchkula. She has no source of income and it is very difficult for her to go to Kurukshetra to attend the Court proceedings.

(3.) On the other hand, the learned counsel for the respondent has vehemently opposed the prayer of the applicant and states that the applicant is deliberately delaying the matter and she is not appearing before the Court at Kurukshetra. The trial is at the fag end. Therefore, the application may be dismissed.