SONIA KUMARI Vs. KARAN CHAND

JUDGEMENT

(1.) Through medium of this petition, the petitioner seeks transfer of proceedings pending before learned District Judge, Kathua, under section 13 of Hindu Marriage Act, purporting to have been initiated by respondent for dissolution of marriage. Ground pleaded is that respondent has filed the aforesaid petition in the said court only to harass her after throwing her out of his house and that she being a resident of village Potha (Jourian), Tehsil Akhnoor, faces great inconvenience and difficulty in attending the Court at Kathua, which involves her night stay there because it is not practically possible for her to travel from her residence to Kathua and back in a single day.

(2.) Notice of this petition was served upon respondent, for whom Mr. Rajnesh Oswal, Advocate, appeared on 15.04.2004 and sought time for filing objections. Two weeks' time was given, whereafter the matter came on board on 20.08.2004 when the counsel sought extension of time for filing of objections, whereupon the last opportunity of two weeks' was granted. Despite that objections were not filed and when the matter again came on board on 14.07.2005, nobody appeared for the respondent nor were objections filed by him. Today also while the matter comes up, nobody is present on his behalf and the petitioner's counsel contends that respondent's repeated default in filing objections to the petition necessarily implies that he has no valid objection to advance.

(3.) I have heard learned counsel for the petitioner and considered the matter. In view of respondent's repeated default in filing objections to the petition and now his absence, he is proceeded against in ex-parte and the matter is taken up for consideration on its own merit.