MUSKAN SHARMA Vs. ROHIT KUMAR

JUDGEMENT

(1.) When the case was taken up on second call, none appeared for the parties. For the last six dates of hearing, none appeared for the petitioner.

(2.) The petitioner is seeking transfer of the application filed by the respondent-husband under Sec. 9 of the Hindu Marriage Act, 1980 (for short "the Act?) for restitution of conjugal rights, which is pending in the court of Additional District Judge, Kathua. Application for transfer has been filed by the applicant claiming that she is residing at Jammu. She has two children, aged four years and two years, respectively to maintain with no source of income. She has an old mother to be taken care of, who is suffering from Geriatrics related ailment. She is presently residing at a place which is around 80 KMs from Kathua, where the application under Sec. 9 of the Act has been filed.

(3.) The issue regarding transfer of case from one Court to another has been discussed by Courts in numerous judgments. In Kulwinder Kaur @ Kulwinder Gurcharan Singh vs Kandi Friends Education Trust and others, 2008 3 SCC 659, the Hon'ble Supreme Court laid down certain parameters to be considered for the purpose, while opining that the same cannot be treated as exhaustive but illustrative in nature. The relevant Para- 14 thereof is extracted hereunder: