SURAJMUKHI Vs. CHHOTU RAM

JUDGEMENT

(1.) Prayer in this application is for transfer of the divorce petition filed under Sec. 13 of the Hindu Marriage Act titled as Chhotu Ram V. Surajmukhi filed by the respondent, pending before Sh.N.K. Biriwal, Judge Fast Track Court, Sirsa to the Court of Additional District Judge, Hisar.

(2.) Counsel for the applicant submits that the applicant has filed two cases at Hisar, namely; a petition under Sec. 9 of the Hindu Marriage Act, for restitution of conjugal rights and an application under Sec. 125 Code Criminal Procedure for maintenance. It is submitted that distance between Sirsa to Hisar is 100 kms. and as the applicant's father is bedridden, it is impossible for the applicant to travel from Hisar to Sirsa.

(3.) Counsel for the respondent submits that the applicant has abandoned their child and began residing with her parents. The petition under Sec. 9 of the Hindu marriage Act was filed by the applicant after the husband filed a divorce petition and even otherwise, mere distance is no ground to transfer a case filed before a Court of competent jurisdiction.