SAVITRI Vs. PAWAN KR SHARMA

JUDGEMENT

(1.) BY this petition the wife has sought transfer of matrimonial case No.29.2007 titled as Pawan Kumar vs. Smt.Savitri pending before the Addl. District & Sessions Judge, Rajgarh, District, Alwar to the court of District & Sessions Judge, Alwar.

(2.) NECESSARY facts for disposal of this transfer petition are that petitioner and respondent are wife and husband and they got married on 16th April, 1992. It is alleged that the husband and his family members starting harassing her. The respondent husband is a police constable. It is also alleged in the petition that efforts went in vain and she was thrown out of the house and now she is living with her brother at Alwar. The distance between Rajgarh and Alwar is about 40 Kms. It is also alleged that a complaint under the provisions of the Protection of Women from Domestic Violences Act was also filed at Alwar Court and that petition is pending before the A.C.J.M.No.2, Alwar and the dates of hearing are being attended by the respondent husband. It is also alleged in the petition that there are no sufficient means for the petitioner to support herself and she is dependent and her husband is a police constable and further since he is coming to Alwar to attend the case, which is registered on the complaint of the petitioner, therefore, it is in the fitness of things to transfer the matrimonial case filed by the husband under Section 13 of the Hindu Marriage Act for dissolution of the marriage to the court of D.J., Alwar.