HARPREET KAUR Vs. RAJWANT SINGH

JUDGEMENT

(1.) THROUGH this CM, Smt. Harpreet Kaur has prayed for the transfer of case titled "Rajwant Singh (husband) v. Harpreet Kaur (wife)" under Section 13 of the Hindu Marriage Act pending in the Court of Additional District Judge, Ambala, to any Court of competent jurisdiction at Amritsar. It is stated that she was married to the respondent on 23.11.1997. Unfortunately their marriage ran into rough weather. She was turned out of the matrimonial home in July, 1998, when she was in advanced stage of pRegulation ncy. On 16.4.1999, she filed a complaint under Sections 406/498-A of the Indian Penal Code in which her husband and her in-laws were summoned by the Chief Judicial Magistrate, Amritsar vide order dated 20.7.2000. It is stated that as a counter-blast, her husband filed this petition under Section 13 of the Hindu Marriage Act for divorce at Ambala in which she has been summoned. It is difficult for her to travel to Ambala with her child aged one year and nine months. Child cannot be left at Amritsar because of his tender age. It is stated that when her husband has to appear at Amritsar in connection with the aforesaid case under Sections 406/498-A of the Indian Penal Code, he can very well appear in this case at Amritsar also if this case is transferred to Amritsar. It is stated that her father is dealing in general merchandise articles on small scale and is aged about 65 years. He is unable to accompany her to Ambala. Further, she is poor, unable to meet the expense of travelling to Ambala from Amritsar.

(2.) RESPONDENT has put in reply. He has opposed this prayer urging that she can leave her child at Amritsar with her parents and can very well attend the courts at Ambala. If she is unable to look after the child, he is ready to keep the child with him. If she goes to Amritsar, physical harm can be caused to him by her and members of her family.

(3.) RESPONDENT -husband is attending the complaint case at Amritsar. He can very well attend this case at Amritsar if this case is transfered to Amritsar. There is a distance of about 300 kilometres between Ambala and Amritsar. She is a lady. It will be inconvenient for her to travel from Amritsar to Ambala to attend the hearings of this case. There may be inconvenience to the respondent-husband also if he has to travel to Amritsar for attending the hearings of this case on his travel to Amritsar but the Court has to weigh their comparative convenience.