ARTI BHAGAT Vs. DEEPAK KUMAR

JUDGEMENT

(1.) Applicant approached this Court seeking transfer of the petition under Section 13 of the Hindu Marriage Act, filed by the respondent from the court of Additional District Judge, Udhampur to the court of competent jurisdiction at Jammu. It is pleaded that the marriage between the parties was solemnized on 27.06.2012. As the applicant was harassed, she had to leave the house of the respondent alongwith twin minor daughters and is living with her parents at Jammu. The minor daughters are school going. She does not have any source of income and is dependent on her parents, whereas respondent is a person of means. He is serving as Government Teacher in Primary School Ratti Mitti, Udhampur. Moreso, there being no one to accompany the applicant to attend the court at Udhampur, it will not be possible for the applicant to defend the case.

(2.) Learned counsel for the applicant submitted that she has filed two other cases at Jammu, i.e., petition under Section 488 CrPC for grant of maintenance, which is pending before the learned Judicial Magistrate Ist Class (Sub Judge), Jammu, and a compliant under Section 23 of J&K Protection of Women From Domestic Violence Act, 2010 before the learned 2 nd Additional Munsiff (JMIC), Jammu, which the respondent-husband is contesting in Jammu. Prayer has been made for transfer of the petition to the court of competent jurisdiction at Jammu.

(3.) No response to the petition has been filed.