S.S.SUDHALKAR,J - (1.) THIS is an application for transferring the divorce petition pending in the court of the learned Addl. District Judge, Rohtak to any other Court at Jind.
(2.) TWO following reasons have been argued by the learned counsel for the transfer of petitioner for the case :- i. Incident of 16.9.1999 when she was slapped by the brother of the husband and threats were given to her for consenting for divorce. ii. The distance which the petitioner has to travel alone for attending the court at Rohtak. Regarding the first point learned counsel for the petitioner has drawn my attention to Annexure P-1, which is a copy of the complaint to the police. However, there is no acknowledgement receipt or any other acknowledgement, which shows that the police has registered a case. No medical certificate is produced. Therefore, I do not find any reason to accept this ground for transfer. According to the counsel petitioner is staying at Dummerkhan Kalan, which is in Jind District. It is also mentioned that Dummerkhaan Kalan is 100 Kms. from Rohtak. Respondent is posted at Panipat and Panipat is 70 kms from Rohtak. It is also mentioned that Panipat is 60 kms from Jind and Jind is 35 kms from village Dummerkhan Kalan.
(3.) IT is also contended that she has to travel about 100 kms to attend the Court at Rohtak and her father who was a retired Captain has also expired and her brothers are Govt. employees and, therefore, there is none to accompany her to the court at Rohtak. So far as this contention is concerned, in reply to that the distance mentioned in paragraph 4 has not been denied. According to the petitioner when the divorce petition was filed she was staying in the matrimonial house and now she has shifted to Dummerkhan Kalan. Counsel for the respondent has stated that the petitioner is trying to make a false case by stating that she was staying in the matrimonial house when the divorce petition was filed and according to him she was staying at Dummerkhan Kalan even at that time. He has drawn my attention to R-1, which is a copy of the petition dated 17.1.1999 under Section 13 of the Hindu Marriage Act and the address mentioned is of Dummerkhan Kalan.;