AJAYTA JAIN Vs. AVINASH JAIN

JUDGEMENT

(1.) Prayer in this application is for transfer of a petition filed under Sec. 13 of the Hindu Marriage Act, 1955 titled as "Avinash Jain V. Ajayta Jain" pending in the Court of District Judge, Rupnagar, to a Court of competent jurisdiction at Ludhiana.

(2.) Counsel for the applicant submits that the applicant has to look after the minor child aged 6 years. In addition, she has filed an application under Sec. 125 Code Criminal Procedure , which is being defended by the respondent. The respondent has also filed a revision petition, which is pending before the revisional Court at Ludhiana. It is submitted that in order to harass the applicant, the respondent has filed a divorce petition at Rup Nagar.

(3.) Counsel for the respondent, however, submits that the respondent is a resident of Rup Nagar and as parties last resided together at Rup Nagar, the present application should be dismissed. It is submitted that the respondent apprehends danger to his person, if the divorce petition is transferred from Rup Nagar to Ludhiana.