ANJU DEVI Vs. NARESH KUMAR

JUDGEMENT

(1.) The instant petition has been filed for transfer of matrimonial case Application No.59/2015 with Interim Application No.10/2015, Naresh Kumar v. Anju Devi pending before the Court of Addl. District & Sessions Judge, Srimadhopur for permanent supardgi of child namely Yash to the father Naresh Kumar, respondent herein, to the Court of District Judge, Jhunjhunu.

(2.) It is claimed that both the parties are wife and husband and as per Hindu rites got married on 15.7.2005, out of the wedlock, a son was born on 20.12.2006, and some dispute has arisen in between the parties.

(3.) Counsel for the petitioner contended that the petitioner being female, she is also attending to her son who is aged about 9 years now and also a school going child. It is contended that the petitioner not only has to attend to her son but also to her parents, who are old and aged, and it is difficult for her to travel from Jhunjhunu to Srimadhopur in the matter before the Addl. District Judge, Srimadhopur, on various occasions, and since she is unable to go to Srimadhopur, therefore, she has prayed for transfer of the application. It is contended that proceedings under Section 125 CrPC and matter of domestic violence under Section 498-A IPC are pending at Jhunjhunu and, therefore, convenience of respondent would also be to appear at Jhunjhunu along with the present matter. It is contended that the convenience of the petitioner is prime particularly in view of the minor child and also aged parents as one of them has to accompany her on all occasions.