SARITA DEVI Vs. SAT NARAYAN

JUDGEMENT

(1.) Applicant Sarita Devi, aged about 33 years, estranged wife of respondent Sat Narayan, presently residing with her parents at Village Madina (Korsan), Tehsil Meham, District Rohtak, on account of matrimonial discord between the spouses, by way of filing the present application, seeks transfer of divorce petition, filed by her husband, the respondent against her having title 'Sat Narayan v. Sarita Devi ' pending in the Court of District Judge, Jhajjar to the Court of competent jurisdiction at Rohtak.

(2.) According to the applicant, she got married with the respondent on 19.01.2003. Thereafter, they started residing together. The marriage was consummated. The couple was blessed with two children, namely Dev and Anshuman, born on 28.09.2004 and 22.09.2006 respectively. Unfortunately, the marriage ran into rough weather with a result, the applicant along with minor son, namely Anshuman of the parties had to leave the matrimonial home and start residing with her parents at Village Madina (Korsan), Tehsil Meham, District Rohtak. She does not have any source of income and is dependent upon her parents for meeting her financial needs and those of minor son of the parties. She has filed a petition under Section 125 Cr.P.C., 1973 against the respondent at Rohtak where the respondent has been appearing. Another petition under provision of Protection of Women from Domestic Violence Act, 2005 filed by the applicant against the respondent is pending in Court at Meham. The applicant has also got lodged an FIR No. 489/2017 against the respondent under Sections 323, 354-B, 506 and 34 IPC, which is also pending in Court at Meham. The respondent has filed the petition in question against the applicant just to harass her. The applicant being a young woman, having no source of income, taking care of minor son of the parties, it is difficult for her to travel from her parental place to Jhajjar, to attend the dates of hearing in the Court there, covering a distance of about 50 kms on one side. Therefore, the present application be accepted.

(3.) Notice of the application was given to the respondent who put in appearance through counsel, filed written reply and is opposing the application vehemently, contending that the respondent is serving in CRPF and is posted in Kashmir Valley; that he is taking care of one child of the parties. Therefore, it is difficult for him to appear in the Court at Rohtak, if the petition is transferred there. As such, the application be dismissed.