RAJNI DEVI Vs. SHAM LAL

JUDGEMENT

(1.) The prayer made in this transfer petition is that the matter pending before the learned Additional District Judge (Matrimonial Cases) Jammu titled as Sham Lal v. Rajni Devi and anr be transferred to the Court of learned Principal District Judge Samba.

(2.) According to the averments made in the petition, the petitioner-wife has two children from the wedlock who are 9 and 7 years old. Both the children have been living with her. She has been forced to live with her father Shri Dhani Ram at Village Katli Tehsil and District Samba. It has been emphasized that the Court at Jammu has no jurisdiction because the place does not fall within the jurisdiction of that Court where the marriage was solemnized nor it is a place within whose jurisdiction the parties have last resided together. Mr. Choudhary, learned counsel for the petitioner has also pointed out that application under Section 488 Cr.P.C for claiming maintenance has been filed by the petitioner in the Court at Samba. He has also placed reliance on various judgments of Hon'ble the Supreme Court to buttress his argument that convenience of wife has to be taken into account in such like matters.

(3.) Mr. Malhotra, learned counsel for the respondenthusband has stated that the petitioner-wife had been living in adultery which compelled the respondent-husband to file a petition under Section 13 of the J&K Hindu Marriage Act for divorce. Mr. Malhotra further states that his client at present is posted in Bihar in Seema Suraksha Bal (SSB) and, therefore, it would be convenient for him either to prosecute his petition at Jammu or it may be transferred to the Court of competent jurisdiction at R. S. Pura. Mr. Malhotra further states that respondent is regularly paying Rs. 3500/- per month as maintenance charges to the petitioner and that petition seeking maintenance has been settled and is likely to be disposed of in the National Lok Adalat on 23.11.2013.