RAMA ALIAS SARITA Vs. ASHOK KUMAR

JUDGEMENT

(1.) THROUGH this C.M., Smt. Rama alias Sarita has prayed for the transfer of the case titled Ashok Kumar (husband) v. Rama alias Sarita (wife) from the court of Additional District Judge, Hisar to any court of competent jurisdiction at Amritsar where she is putting up with her widowed mother. It is stated that she was married to Ashok Kumar on 16.4.1990. Soon after their marriage ran into rough weather. In September 1999, she was turned out of the matrimonial home and she was allowed to re-enter the matrimonial home after her brothers had promised to fulfil his demands. In November 1999, again she was turned out of the matrimonial home. Her effort to resume cohabitation was not allowed to succeed by her husband. He retained the children born to her on 29.3.92 and 9.4.94. It is stated that she was not even allowed to take her clothes and personal belongings. He filed petition under section 13 of the Hindu Marriage Act for divorce on 5.10.1999 at Hisar. She filed application under Section 125 Criminal Procedure Code for grant of maintenance at Amritsar which is pending. It is stated that the husband is appearing in application under Section 125 Criminal Procedure Code at Amritsar. It will be inconvenient for her to travel to Hisar from Amritsar which is at a distance of 500 Kms. It is stated that she is poor, unable to bear the expenses which may have to be incurred in attending the hearings of the divorce case at Hisar.

(2.) RESPONDENT has opposed this prayer saying that he is paying maintenance to the petitioner-wife. She has sufficient source of income. She can bear the expenses in travelling from Amritsar to Hisar. He has denied that she brought any dowry or he ever made any demand on her. Children are with him.

(3.) FACT , however, remains that the petitioner is a woman and the respondent is a man. It is hazardous for a woman to travel a distance of 500 kms. It may be hazardous for a man also to travel this distance but the hazards in his case will not be that inconvenient. So, convenience-wise, I think divorce case should be transferred from Hisar to Amritsar where the wife is putting. In this view I am supported by Neelam Kanwar v. Devinder Singh Kawar, 2000(4) AIJ (SC) 129 where the Hon'ble Supreme Court has observed that the petitioner is a lady and the first respondent is a male and, therefore, convenience-wise, a transfer to the place where the lady is residing would be preferred by this court unless it is shown that there are special reasons not to do so.