HUNNY CHAUDHARY Vs. ABHISHEK CHAUDHARY

JUDGEMENT

(1.) Prayer in this petition is for transfer of the petition filed under Sec. 13 of the Hindu Marriage Act, pending in the Family Court, Karnal to the competent Court of jurisdiction at Kurukshetra.

(2.) It is well settled that while considering the transfer of a matrimonial dispute/case at the instance of the wife, the Court is to consider the family condition of the wife, the custody of the minor child, economic condition of the wife, her physical health and earning capacity of the husband and most important the convenience of the wife i.e. she cannot travel alone without assistance of a male member of her family, connectivity of the place to and fro from her place of residence as well as bearing of the litigation charges and travelling expenses.

(3.) After hearing the counsel for the petitioner, considering the fact that issuance of notice to the respondent has the consequences of staying further proceedings before the trial Court, otherwise the petitioner/wife will have to bear the litigation expenses and transportation expenses and in case, notice of motion is issued, even the respondent/husband has to bear the litigation expenses and in view of the judgments i.e. Sumita Singh"s case (supra) and Rajani Kishor Pardeshi"s case (supra) passed by the Hon'ble Supreme Court, this Court deem it appropriate to allow the present petition, subject to the following conditions:-