LAWS(P&H)-2012-1-379

BABITA Vs. NAREEN KUMAR

Decided On January 23, 2012
BABITA Appellant
V/S
Nareen Kumar Respondents

JUDGEMENT

(1.) The present application has been preferred by the applicantwife, under Section 24 of the Code of Civil Procedure, praying for the transfer of the petition titled as 'Nareen Kumar Vs. Babita', filed by the respondent under Section 9 of the Hindu Marriage Act, 1955 (for short 'the Act'), from the Court of learned Additional Civil Judge, Senior Division, Nabha, to the Court of competent jurisdiction at Jagraon, District Ludhiana.

(2.) A perusal of the file reveals that the applicant filed two petitions against the respondent i.e. the petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 and the other petition under Section 125 Cr.P.C. at Jagraon. There are allegations of beatings, causing injuries to the applicant and not providing her any medical help. It is averred that on account of the injuries given by the respondent, the applicant lost her mental balance. The purpose of filing the petition under Section 9 of the Act at Nabha is only to harass the applicant. The applicant is presently residing with her parents at Raikot, Tehsil Jagraon, District Ludhiana.

(3.) The learned counsel for the respondent has vehemently opposed the prayer.