MADHU GANDOTRA Vs. RAKESH KUMAR

JUDGEMENT

(1.) Through the medium of this application, the petitioner is seeking transfer of petition titled 'Rakesh Kumar Vs. Mandhu Gandotra', File No.44/HM preferred by respondent under Section 13 of the Hindu Marriage Act from the Court of learned Principal District Judge, Samba to the Court of learned Principal District Judge, Kathua.

(2.) It is averred in the petition that the petitioner is working as a Teacher and is presently posted in district Kathua and that she has to look after a female child. The petitioner has sought transfer of the proceedings from the Court of learned Principal District Judge, Samba to the Court of learned Principal District Judge, Kathua on the ground that she has to travel about 100 kilometers of journey to attend the Court proceedings at Samba and that has to shoulder the responsibility of a small child. It is also averred that she has also moved an application under Section 488 of Jammu and Kashmir Cr.P.C at Kathua, therefore, it would be convenient for both the parties to contest all their cases at one place i.e., Kathua.

(3.) The application has been resisted by the respondent on the grounds that he is a resident of remote village in Tehsil Ramgarh and it would be inconvenient for him to travel to Kathua to contest the petition under Section 13 of Hindu Marriage Act which is pending before the Court of learned Principal District Judge, Samba, if the same is transferred to the Court of learned Principal District Judge, Kathua.