NEHA ABROL Vs. SUNIL GUPTA

JUDGEMENT

(1.) The petitioner seeks transfer of the petition filed by the respondent under Sec. 13 of the Hindu Marriage Act from the court of the learned District Judge, Samba to the courts at Jammu on the ground that the petitioner is presently residing at Jammu and that the petitioner has also preferred petition under Sec. 125 Cr.P.C against the respondent in the court of Munsiff, Jammu.

(2.) The objections to the application have been filed wherein it is submitted by the respondent that the petitioner is infact residing at Bishnah and not with her uncle in Jammu as mentioned in the petition. It is further submitted that the respondent is having back problem and is undergoing treatment at Vijaypur. In view of the same, the prayer is made for dismissal of the application.

(3.) The learned counsel for the petitioner has submitted that convenience of the wife is required to be taken into consideration and not that of the husband while deciding the transfer application.