KANWALJIT KAUR Vs. VIKRAMJIT SINGH

JUDGEMENT

(1.) PRAYER in the present petition filed by the petitioner -wife is for transfer of divorce petition filed by the respondent -husband at Karnal to the court of competent jurisdiction at Patiala.

(2.) LEARNED counsel for the petitioner submitted that marriage between the parties was solemnised on 7.3.2005. Out of the wedlock, a female child was born on 8.8.2006. The petitioner was shunted out of the matrimonial home. She is presently living with her parents at village Heera Garh (Dera), District Patiala. FIR No. 31 dated 3.10.2012 was got registered by the petitioner under Sections 498 -A, 406, 323, 506 IPC at Police Station, Women Cell, Patiala. The daughter was forcefully retained by the respondent. She filed a petition for custody of the minor child at Patiala in October, 2012. It was thereafter that the respondent filed the divorce petition at Karnal. Besides the trial in the FIR got registered by the petitioner, application filed under Section 125 Cr.P.C. for maintenance is also pending at Patiala. The petition for custody of the minor child filed by the petitioner at Patiala was transferred to Karnal as the court at Patiala lacked jurisdiction. In terms of the order dated 2.4.2013, passed by this court in Crl.W.P. No. 103 of 2013, the petitioner has been granted visiting rights thrice in a month to meet the child in the school after school hours.

(3.) THERE is a danger to the life of the petitioner if she visits Karnal to meet the child. It was further submitted that she is facing difficulty in meeting the child in the school after school hours, as the same is located in the outskirts of the city. A prayer has been made for granting visiting rights in the court complex itself. Considering the fact that the petitioner does not have any source of income and she is dependent upon her parents, the divorce petition filed by the respondent -husband be transferred from Karnal to Patiala.