SWATI KAUSHAL Vs. GAURAV MAHAJAN

JUDGEMENT

(1.) The present petition is maintained by the petitioner under Article 227 of the Constitution of India for transferring the case No. HMA No. 85-D/III/2021 CIS No. 122/21 titled Gaurav Mahajan vs. Swati Kaushal from the learned Principal Judge (Family Court) Dharamshala District Kangra to learned Principal Judge (Family Court) Hamirpur, H.P.

(2.) Brief facts of the case are that the respondent/petitioner has filed the present petition under Sec. 9 of the Hindu Marriage Act for Restitution of Conjugal Rights against the petitioner/respondent before the learned Principal Judge (Family Court) Kangra at Dharmshala. It is further submitted that the petitioner is unemployed and filed a case for maintenance under Sec. 125 Cr.P.C before the learned Principal Judge (Family Court) Hamirpur, and she has also filed a case under Sec. 12 of the Domestic Violence Act before the learned Principal Judge (Family Court) Hamirpur, H.P. which are pending adjudication. It is submitted that the petitioner is residing with her father at Hamirpur and she is not in a position to attend the Court at Dharamshala, as the distance between Dharamshala and Hamirpur is more than 90 kms and the petitioner is not able to travel for 180 kms in a single day. It is further submitted that the petitioner is not in a position to attend the courts at Dharamshala as her father is old and she has to look after her minor child.

(3.) The respondent stands served, but he has neither appeared in person, nor through counsel, hence proceeded against ex parte.