BANITA DEVI (VANITA DEVI) Vs. RAVI KUMAR

JUDGEMENT

(1.) This petition under section 24 of the Code of Civil Procedure read with Article 227 of the Constitution of India has been preferred on behalf of the petitioner-wife seeking transfer of the petition i.e. HMP No.74 of 2017 titled as 'Ravi Kumar v. Banita Devi' from the Court of learned Additional District Judge, Kullu, District Kullu to the Court of learned District Judge, Mandi, District Mandi, H.P.

(2.) The facts of the case are that the marriage between the parties was solemnized on 14.04.2015 in accordance with the Hindu Rites and Ceremonies and one female child was born on 29.04.2016. Thereafter, the petitioner was compelled to leave the matrimonial house and, therefore, had no other alternative but to live in the house of her parents.

(3.) It is not in dispute that the petitioner has already filed an application under Section 125 Cr.P.C., 1973 against the respondent for grant of maintenance allowance which is pending before Judicial Magistrate 1st Class, Court No.3, Mandi. It is averred that the respondent filed a divorce petition against the petitioner that too in the Court of learned Additional District Judge, Kullu, which is now fixed on 02.07.2018, malafidely and knowing fully well that because of the circumstances the petitioner would be unable to attend the Court at Kullu. It is further averred that this case is nothing, but a counter-blast to the application filed by her under Section 125 Cr.P.C., 1973 It is also averred that insofar as the respondent is concerned, he is a man of means having sufficient movable and immovable property, whereas, the petitioner has no means of livelihood because she has no movable or immovable property in her name. Therefore, she is unable to defend the divorce petition effectively at Kullu. Moreover, she has a little child to look after and it is extremely difficult to her to attend the Court at Kullu in absence of any male member escorting her. I have heard learned counsel for the parties and perused the record.