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iv) That the petitioner is working in a private School i.e. Scholar Rosary School near Jagmohan Motors, Sonepat Road, Rohtak and the respondent-husband is not paying anything to her and the minor children towards maintenance.
v) That the respondent-husband has filed the petition under Section 13(1) of the Act, which is pending before the Principal Judge, Family Court, Sonepat Camp Court at Gohana.
vi) That the proceedings arising out of petition under Section 125 Cr.P.C. filed by the petitioner-wife, are pending in the Courts having competent jurisdiction at Rohtak.
vii) That the distance between place of residence of the petitioner-wife i.e. Rohtak and the place of proceedings under Section 13(1) of the Act, filed by the respondent- husband, pending before the Principal Judge, Family Court, Sonepat Camp Court at Gohana, is about 40 kilometers one side.
viii) That there is no proficient male member in the family of petitioner who can accompany her to the Court of proceedings at Sonepat Camp Court at Gohana.
3. It is inter alia on these grounds that petitioner prays for transfer of the case, as detailed in para 1 above.
4. I have heard learned counsel for the petitioner.
5. Besides the facts as noticed hereinabove, the legal position in such like cases as the present one, is well established. In this regard, judgment of the Hon'ble Supreme Court rendered in N.C.V. Aishwarya vs A.S. Saravana Karthik Sha," 2022 Live Law (SC) 627, wherein the Hon'ble Supreme Court has held as under:-
a) The petition filed by respondent husband under Section 13(1) of Hindu Marriage Act,1955, bearing No. DMC/29/2022 titled as 'Ravi vs. Santosh Kumari', pending in the Court of Principal Judge, Family Court, Sonepat Camp Court at Gohana is transferred to a Court of competent jurisdiction at Rohtak.
b) The ld. District Judge, Sonepat is directed to transfer complete record pertaining to the aforesaid case to District Judge, Rohtak