SONIA @ LAXMI Vs. SANJAY

JUDGEMENT

(1.) This petition under Section 24 of the Code of Civil Procedure was filed by Smt. Sonia @ Laxmi-wife seeking transfer of the petition filed under Section 9 of the Hindu Marriage Act, 1955 (for short, "the Act of 1955") by respondent-husband from the Court of learned Civil Judge (Senior Division), Ferozepur to the Court of competent jurisdiction at Jalandhar.

(2.) The submissions made by Mr. Abhinav Gupta, learned counsel representing the petitioner have been considered.

(3.) It is submitted on behalf of the petitioner that she was married to the respondent on 07.02.2013 as per Hindu rites and ceremonies. After marriage, she was treated with cruelty by the respondent-husband and his family members and ultimately on 21.01.2015 was thrown out of the matrimonial home and since then is residing with her parents. A male child was born out of the wedlock. She filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 against the respondent and she also filed a petition claiming maintenance under Section 125 of the Code of Criminal Procedure which are pending at Jalandhar. Respondent has since instituted a petition under Section 9 of the Act of 1955, which is pending adjudication in the Court of Civil Judge (Senior Division), Ferozepur. Submitting that the petitioner is a poor lady and has no independent source of income and is residing at the mercy of her parents, learned counsel sought transfer of the petition to Jalandhar.