ANJANI SHARMA Vs. RAVINDRA NARAYAN

JUDGEMENT

(1.) The present transfer application has been preferred by the petitioner-Wife seeking transfer of the Divorce Petition bearing No. 659/2019; Ravindra Narayan vs. Smt. Anjani Sharma filed under Sec. 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act of 1955') by the respondent-Husband before Family Court No.3, Jodhpur (hereinafter referred to as 'Court at Jodhpur') to Additional District Judge, Churu, Camp Sardarshahar, District Churu (hereinafter referred to as 'Court at Churu').

(2.) The marriage between the petitioner and respondent was solemnized on 19/2/2000 as per Hindu rituals and customs. Out of the said wedlock, two sons were born namely Bhavesh and Kabir who are 17 years and 13 years old respectively. However, after some time, there were instances of discord and dispute between the couple.

(3.) Learned counsel for the petitioner submits that because of incessant instances of cruelty and harassment by the respondent, the petitioner filed an application dtd. 26/11/2018 (Annexure 3) at Sardarshahar under Protection of Women from Domestic Violence Act, 2005. The petitioner also lodged an FIR bearing No. 0012/2019 dtd. 4/1/2019 (Annexure 1) under Sec. 498A, IPC at Police Station Sardarshahar, District Churu of which cognizance has already been taken by Additional Chief Judicial Magistrate, Sardarshahar vide order dtd. 15/3/2019 (Annexure 2) against the respondent. Thus, the respondent-Husband only as a counter-blast to the complaints filed by the petitioner-Wife and to harass her, has filed the application under Sec. 13 of the Act of 1955 before Court at Jodhpur.