HEMA Vs. DEEPAK KUMAR DUSSA

JUDGEMENT

(1.) Prayer in this petition is for transfer of the petition filed by the Respondent-husband under Sec. 13(1)(ia)(ib) of the Hindu Marriage Act, pending before the Family Court, Ambala to the competent Court of jurisdiction at Kurukshetra.

(2.) Learned counsel for the petitioner has argued that on account of matrimonial discord, the petitioner has filed a petition under Sec. 125 Cr.P.C. at Kurukshetra and she also lodged an FIR No.0041 dtd. 17/5/2019 under Ss. 323, 34, 406, 498-A, 506 IPC, at Women Police Station Kurukshetra. It is further submitted that the petition under Sec. 7 of Guardians and Wards Act filed by the Respondent at Ambala for custody of the minor daughter, is not maintainable, as the minor child is residing with the petitioner at Kurukshetra. It is also submitted that petitioner is facing great difficulty in prosecuting the petition filed by the Respondent, as there is a distance of about 50 kms from Kurukshetra to Ambala.

(3.) Learned counsel has further contended that the petitioner is having a minor daughter, who is living in her care and custody and she is facing difficulty to defend the case, as she has to travel from Kurukshetra to Ambala.