PUSHPA Vs. RAJWANT

JUDGEMENT

(1.) - Prayer in the present application is for transfer of divorce petition, titled as Rajwant v. Pushpa filed under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 (for short 'the Act') filed by the respondent-husband from the Court of District Judge, Family Court, Bhiwani to the Court of competent jurisdiction at Karnal.

(2.) LEARNED counsel for the applicant submitted that marriage of the applicant was solemnised with the respondent according to Hindu rites at Karnal on 5.3.2003. No child was born out of the wedlock. The applicant was turned out of matrimonial home in February 2010. As all efforts for reconciliation thereafter remained futile, the applicant filed an application under Section 125 Cr.P.C. at Karnal. A criminal case was also got registered by the applicant under Sections 323, 498-A, 406, 312, 506 IPC at Karnal. As a counter blast to the aforesaid cases filed by the applicant, the respondent filed a divorce petition at Bhiwani. The submission is that it is difficult for the applicant to attend the hearings of the divorce petition filed by the respondent-husband at Bhiwani, being a poor lady, who is living at the mercy of her old parents with no source of income. No one is there in the family to accompany her to attend hearings of the case at Bhiwani. The applicant is not even being paid any maintenance. Distance between Bhiwani to Karnal is about 200 kilometers. It is the convenience of the wife which is to be seen. Considering the aforesaid facts, the divorce petition filed by the husband at Bhiwani be transferred to the Court of competent Jurisdiction at Karnal.

(3.) HEARD learned counsel for the parties and perused the record.