SUNITA Vs. SATENDER

JUDGEMENT

(1.) PETITIONER wife has filed the present transfer application under Section 24 CPC for the transfer of petition filed by respondent husband under Section 13 of the Hindu Marriage Act, 1955 (for short "the Act") titled Satender Vs. Sunita from the Court of learned District Judge (Family Court), Bhiwani to the court of competent jurisdiction at Jind. It is stated that the marriage between the parties was solemnized on 8.3.2006 at Village Jakholi, District Jind. Out of the said wedlock no child was born. Due to dowry demand, it is alleged that the petitioner was turned out of the matrimonial home at Bhiwani. Petitioner is stated to be residing separately at her parental home at Jind since May 2011, where she has filed three proceedings namely, (1) petition under Section 125 Cr.P.C. (ii) Petition under the Domestic Violence Act and (iii) FIR under Sections 406/498 -A IPC.

(2.) THEREAFTER , the respondent husband filed a petition under Section 9 of the Act which, as noticed above, is pending in the Court of learned District Judge (Family Court), Bhiwani.

(3.) AFTER hearing learned counsel for the parties, I find that the grounds set out in the petition are sufficient to allow the petition as it is well settled that in matrimonial proceedings initiated by the husband against wife, convenience of wife must be looked at. Reliance in this regard can be placed upon Sumita Singh v. Kumar Sanjay and another, : AIR 2002 SC 396. In view of the above, the present petition is allowed, the petition under Section 13 of the Act titled Satender Vs. Sunita from the Court of learned District Judge (Family Court), Bhiwani is ordered to be withdrawn and transferred to the District Courts, Jind for disposal in accordance with law from the stage of withdrawal.