ANJU BALA Vs. NIRBAL KUMAR

JUDGEMENT

(1.) The instant petition filed under Section 24 of the Code of Civil Procedure prays for transfer of petition under Section 13 of the Hindu Marriage Act, titled as Nirbal Kumar v. Anju Bala pending before the learned District Judge Rajouri to the Court of learned Sub Judge Nowshera.

(2.) According to the averments made in the petition, the petitioner has stated that she has been turned out of her matrimonial house and even the custody of her two minor children has not been granted to her. She has filed a petition under Section 488 Cr.P.C in the Court of learned Sub Judge Nowshera where the respondent has been appearing. It is stated that she has to travel about 57 kilometers to reach the Courts at Rajouri whereas the respondent, who is already defending litigation under Section 488 Cr.P.C at Nowshera has to travel only 38 kilometers to reach Nowshera. The petitioner has stated that being unemployed and without any means she would not be able to defend the litigation at Rajouri and instead respondent can defend and prosecute his litigation at Nowshera as he is already appearing in another litigation in that Court. Learned counsel for the petitioner has also pleaded that convenience of wife has to be taken into account in such like matters.

(3.) Objections have been filed by the respondent wherein he has stated that as the father of the petitioner is a Sarpanch and her brother being a transporter, the petitioner can easily prosecute the litigation at Rajouri. It has further been stated that respondent has threat to his life in case he appears in the Court at Nowshera.