SUMER KANWAR Vs. PURAN SINGH

JUDGEMENT

(1.) This transfer petition has been filed by petitioner-wife seeking transfer of proceedings filed by respondent under Section 13 of the Hindu Marriage Act, 1955 (’the Act') from the Family Court, Churu to Family Court Sriganganagar. It is, inter alia, indicated in the application that the parties entered the wedlock on 11.5.2005 at Sriganganagar, where after the petitioner went to her matrimonial house and stayed there for sometime for discharging her matrimonial duties. However, after harassment for sometime, she was turned out of her matrimonial home and since then she is residing at Sriganganagar.

(2.) It is indicated that the petitioner initiated proceedings under the Protection of Women from Domestic Violence Act, 2005 in the Court of Chief Judicial Magistrate Sriganganagar, lodged F.I.R. against the respondent at Mahila Thana, Sriganganagar, wherein police has filed challan, filed proceedings under Section 9 of the Act at Family Court, Sriganganagar and proceedings under Section 125 Cr.P.C. Where after the respondent filed proceedings under Section 13 of the Act before the Family Court, Churu.

(3.) It is, inter alia, indicated that all proceedings were initiated by the petitioner at Sriganganagar prior to the proceedings initiated by respondent and now the present proceedings have been initiated by the respondent at Churu only with a view to harass the petitioner and as the previously filed proceedings are pending before the Family Court, Sriganganagar, the matter be transferred to the Family Court, Sriganganagar.