MANJU DEVI Vs. DEV RAJ SHARMA

JUDGEMENT

(1.) This petition has been instituted for transfer of petition under section 9 of the Hindu Marriage Act from the court of learned Civil Judge (Junior Division), Arki bearing Case No. 1/3/2015 to the court of Civil Judge (Junior Division), Una.

(2.) "Key facts" necessary for the adjudication of this petition are that marriage between the petitioner and respondent was solemnized. Initially, they were residing at village Kurahu, Post Office Materni, Tehsil Arki, District Solan, H.P. They stayed at Dalraghat and thereafter shifted to Kiratpur and in the year 2009 shifted to Santokhgarh, District Una. The respondent left the company of petitioner in the year 2013 and came back to his ancestral house. The children of the petitioner are pursuing their studies in Sarswati Bal Mandir High School, Santokhgarh.

(3.) Respondent has instituted a petition under section 9 of the Hindu Marriage Act for restitution of conjugal rights in the court of Civil Judge (Junior Division), Arki. It would be difficult for the petitioner to contest the case at Arki. The distance between Arki and Santokhgarh, District Una is more than 100 KMs. It would also be difficult for her financially and physically to attend the Court at Arki. She has also applied for legal assistance as per Annexure P-3. It is in these circumstances the petitioner is seeking transfer of case from the court of Civil Judge (Junior Division) to the court of Civil Judge (Junior Division), Una.