POOJA NAYYAR Vs. SANDEEP KUMAR SAWHNEY

JUDGEMENT

(1.) SMT . Pooja Nayyar has filed the instant petition under Section 24 of the Code of Civil Procedure, 1977 for transferring the petition filed by her husband Sandeep Kumar Sawhney under Section 10 of the Hindu Marriage Act, pending in the Court of learned Principal District Judge, Srinagar to the Court of Additional District Judge (matrimonial Cases) Jammu. It is pertinent to mention that the respondent-husband has sought relief of dissolution of marriage in the aforesaid petition.

(2.) BRIEF facts of the case, as disclosed in the instant petition, are that the petitioner is a resident of Miran Sahib Tehsil R. S. Pura and she was married to the respondent in the month of June, 2010 at her village in accordance with Hindu rites and customs. Soon after the marriage differences arose and eventually she was driven out from her matrimonial home forcing her to take shelter at her fathers house. It is stated that the husband of the petitioner is working in SKUAST and is presently posted at Srinagar. The respondent has filed the petition for dissolution of marriage at Srinagar by concealing the material facts including the fact of being the father of a girl child who is only three months of age. Petitioner has further stated that she has filed a petition under Section 488 Cr.P.C which is pending in the Court of learned Munsiff R.S.Pura. The respondent, off and on, is visiting Jammu to meet his parents and other family members but taking the advantage of his posting at Srinagar, has filed the petition at Srinagar. She has stated that being mother of a three month old child and a destitute lady she is not in a position to attend the hearing at Srinagar which is at a far away distance and if the matter is transferred to Jammu then she would be able to conveniently attend the hearing.

(3.) I have heard learned counsel for the petitioner and have perused the record.