NIKITA Vs. RAKESH

JUDGEMENT

(1.) THIS petition has been filed under Section 24 C.P.C. for transferring the petition filed under Section 10 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') for judicial separation titled as "Rakesh Vs. Nikita", filed by respondent in the Court of Additional District Judge, Rohtak, which is pending for 1.10.2014.

(2.) IT is mainly stated in the petition that the present petitioner has filed the petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'Domestic Violence Act') in the Court of Judicial Magistrate Ist Class, Charkhi Dadri and another criminal case relating to FIR No.152 dated 16.5.2011 registered against the present respondent Rakesh and his mother for the offences under Sections 498 -A, 406 and 34 IPC at Police Station Sadar, Dadri and the trial of the same is pending before the Court of learned Judicial Magistrate Ist Class at Charkhi Dadri. It is also stated in the petition that the petitioner is a poor lady having no source of income and it would not be possible for her to bear the expenses of travelling for such a long distance. Moreover, it takes more than 2/3 hours to travel from Village Jhojju Khurd to Courts at Rohtak as there is no direct transport from their village. Firstly, the petitioner will have to come to Charkhi Dadri in the local jeeps plying on the local routes, then from there she has to take the bus to Bhiwani and then from Bhiwani, she has to change the bus to Rohtak. There is no such male member in the family, who can accompany her on each and every date to District Courts, Rohtak.

(3.) ON notice of motion, the respondent has put in appearance through his counsel and contested this petition. He has stated that he has not to file any reply to the petition.