RANJNA BHARDWAJ Vs. RAJNEESH BHARDWAJ

JUDGEMENT

(1.) The present petition, under Article 227 of the Constitution of India, read with Section 24 of the Code of Civil Procedure, has been maintained by petitioner-wife for transfer of case, i.e. HMA No. 11/2018, titled as 'Rajneesh Lal Vs. Ranjna Bhardwaj' from the Court of learned Senior Civil Judge, Palampur, District Kangra, H.P., to the Court of learned Senior Civil Judge, Kullu, District Kullu, H.P., or any other Court in Courts Complex at Kullu.

(2.) Briefly stating facts giving rise to the present petition are that the marriage between the parties was solemnized on 04.11.1999 in accordance with Hindu Rites and Custom and out of their wedlock one female child was born. As per the petitioner, after the marriage, the respondent-husband started ill-treating her and their relation became sour to the extent that the now both of them are involved in litigation. The petitioner filed a petition under Section 125 Cr. P.C. in the Court of learned Chief Judicial Magistrate, Kullu, District Kullu, H.P., against the respondent, which was decided on 03.09.2008 and an amount of Rs. 1,000/- per month was awarded to her as maintenance and an amount of Rs. 400/- per month was awarded to her daughter. The respondent-husband has also filed a petition under Section 13 of the Hindu Marriage Act, 1955, before the learned District Judge Kullu, which was dismissed. Thereafter, the respondent-husband filed a petition under Section 9 of Hindu Marriage Act, 1955, for restitution of Conjugal Rights, before the learned Senior Civil Judge at Palampur, District Kangra, H.P., whereupon notice was issued to the petitioner-wife. As per the petitioner, she has no source of income and she is residing with her parents at Kullu, thus, she is not in a position to attend the Court proceedings at Palampur, District Kangra, due to shortage of funds and her minor daughter, hence, the present petition for transfer of case.

(3.) I have heard the learned counsel for the parties and gone through the records available with this Court.