ANITA RANI Vs. DC

JUDGEMENT

(1.) The applicant prays for transfer of petition under Sec. 13 of the Hindu Marriage Act, 1955 (in short 'the Act') titled DC vs. Anita Rani filed by respondent - husband from the Court of District Judge, Sri Muktsar Sahib to a Court of competent jurisdiction at Faridkot.

(2.) Counsel for the applicant has submitted that on an earlier occasion, the respondent filed a petition under Sec. 9 of the Act at Faridkot in 2015 but later the same was withdrawn on 9/1/2017. It is further submitted that in place of filing petition under Sec. 13 of the Act at Faridkot, he has filed the petition at Sri Muktsar Sahib. Another litigation under Protection of Women from Domestic Violence Act, 2005 (in short 'D.V. Act.) is stated to be pending at Faridkot in which the respondent-husband has caused appearance.

(3.) The physical distance between the two places is approximately 30/35 KMs. The petition under Sec. 13 of the Act and the proceedings under the D.V. Act are to be decided by different Courts. Personal appearance of the applicant is not required in petition under Sec. 13 of the Act. Under the circumstances, it is appropriate that the petition is allowed to continue at the place where the same is filed. However, applicant is at liberty to file an application for issuance of appropriate directions in the light of judgment of Hon'ble the Supreme Court Krishna Veni Nagam Vs. Harish Nagam, 2017 (2) RCR (Civil) 358. In case such an application is filed by the applicant, the same shall be disposed of by the Court below before proceeding further with the matter.