SHEETAL SHARMA Vs. TRILOCHAN SHARMA

JUDGEMENT

(1.) The petitioner through this application is seeking transfer of a petition filed by the respondent under Section 13 of the Hindu Marriage Act (Case No.52/2018 titled Trilochan Sharma v. Sheetal Sharma) from the Court of Principal district Judge, Kishtwar to any other court of competent jurisdiction at Jammu.

(2.) It is submitted by the petitioner that marriage between the petitioner and respondent was solemnized in the year 2010 and out of the wedlock, one son was born. Owing to differences between the petitioner and the respondent the petitioner has left the company of the respondent along with minor son and is staying with her brother at Jammu. Petitioner submits that she has also filed a petition under the J&K Protection of Women from Domestic Violence Act which is pending before the Court of Special Municipal Mobile Magistrate, Jammu, wherein the trial Court has granted interim maintenance in favour of the petitioner.

(3.) The transfer of petition under Section 13 of the Hindu Marriage Act from Kishtwar to Jammu is sought by the petitioner primarily on the ground that the respondent-husband is also residing at Jammu and is serving in a private company, namely, Bharti Infratel as generator operation. However, in order to take revenge and to harass the petitioner, he has filed petition under Section 13 of Hindu Marriage Act at Kishtwar. It is contended that the petitioner has no means to maintain herself and her minor son and it is difficult for her to undertake a long journey from Jammu to Kishtwar in order to participate in the proceedings filed by the respondent.