BALBIR KAUR Vs. RANDHIR SINGH

JUDGEMENT

(1.) Petitioner-wife has filed this transfer petition seeking transfer of a divorce petition filed by the respondent-husband under Section 13 of the Hindu Marriage Act (H. M. A. No. 29 of 2000) titled Randhir Singh v. Balbir Kaur which is pending in the Court of the learned additional District Judge 1st, Hoshiarpur, punjab.

(2.) Parties were married on 4th November, 1996 and have one girl child, born on 15th July, 2000. According to the petitioner, she was deserted by respondent-husband which plea, of course, has been denied. Case of the petitioner-wife is that she was being harassed for bringing insufficient dowry and was ultimately deserted by her husband, which led to her filing a complaint (FIR) under Section 406/ 498-A/34 Indian Penal Code, at Delhi. She asserts that she is not in a position to defend herself properly at Hoshiarpur both on account of economic and other constraints.

(3.) We have heard learned counsel for the parties. We would not like to express any opinion on the merits of the controversy or the allegations made in the petition or in the counter affidavit. However, in the established facts and circumstances of this case, we are of the opinion that this petition deserves to be allowed.