GAGAN Vs. AJAY

JUDGEMENT

(1.) Applicant Gagan @ Goggo, aged about 24 years, estranged wife of respondent Ajay, presently residing with her parents at Abohar, District Fazilka, on account of matrimonial discord between the spouses, by way of filing the present application, seeks transfer of petition under section 9 of the Hindu Marriage Act, filed by her husband, the respondent against her having title 'Ajay v. Gagan @ Goggo ' pending in the Court of Civil Judge (Sr. Divn.) exercising the powers of District Judge, Fatehgarh Sahib to the Court of competent jurisdiction at Abohar, District Fazilka.

(2.) According to the applicant, she got married with the respondent in the year 2013. Thereafter, they started residing together. The marriage was consummated, however, the couple was not blessed with any child. The applicant used to be harassed and maltreated by the respondent and ' his relatives in connection with demand of more dowry, which she could not get fulfilled from her relatives. Resultantly, she was turned out of the matrimonial home in the month of November 2018. She had no other place to go except the house of her parents at Abohar, District Fazilka. She does not have any source of income. She has filed a petition under Section 125 Cr.P.C., 1973 besides another petition under provision of Protection of Women from Domestic Violence Act, 2005 against the respondent in Courts at Abohar. 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, it is difficult for her to travel from her parental place to Fatehgarh Sahib, to attend the dates of hearing in the Court there, covering a distance of about 250 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, praying for its dismissal.