ROMI SHARMA Vs. VIMAL JYOTI SHARMA

JUDGEMENT

(1.) THE prayer made in this transfer petition filed under Section 24 of the Code of Civil Procedure is that the petition under Section 13 of the Hindu Marriage Act, titled as Vimal Jyoti Sharma v. Roomi Sharma pending before the learned Additional District Judge (Matrimonial Cases) Jammu be transferred to a Court of competent jurisdiction at Kathua. According to the averments made in the petition, the marriage between the parties was solemnized at Kathua in 2004 and the parties have one girl child from the wedlock who is 7 years old. The petitioner has alleged cruelty which has forced her to leave the matrimonial home and she is putting up with her parents at Ward No. 1 Kathua. 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. Sharma, 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 Kathua. He has also pleaded that convenience of wife has to be taken into account in such like matters.

(2.) DESPITE notice respondent has not chosen to appear and I have heard the learned counsel for the petitioner.