SHALLU RANI Vs. DAVINDER SINGH

JUDGEMENT

(1.) Prayer in this petition is for transfer of the petition filed by the respondent-husband under Sec. 25 read with Sec. 10 of the Guardians and Wards Act, 1890, titled as Davinder Singh and Anr. vs. Shalu Rani and Anr., pending before the Family Court, Rupnagar to the competent Court of jurisdiction at Fatehgarh Sahib.

(2.) Learned counsel for the petitioner has argued that on account of a matrimonial discord, the petitioner has filed a civil suit under Order 33 Rule 1 CPC for maintenance and permanent injunction against the respondents at Fatehgarh Sahib, which is pending. It is further submitted that as a counter-blast to the aforesaid case, the respondent-husband has filed the present petition under Sec. 25 read with Sec. 10 of the Guardians and Wards Act, 1890 at Rupnagar in order to harass the petitioner. It is further submitted that the petitioner is facing great difficulty in prosecuting the said case, as there is a distance of about 45 Kms between the aforesaid two places.

(3.) Learned counsel for the petitioner further submits that the petitioner is having two children, who are living in her care and custody, therefore, it is very difficult for her to defend the said case at Rupnagar.