KAVITA KUMARI Vs. SUDHIR

JUDGEMENT

(1.) The lawyers have decided to abstain from work today. Prayer in this petition is for transfer of the petition filed by the respondent-husband under Sec. 13(1) of the Hindu Marriage Act, 1955, pending before the Family Court, Gohana to the competent Court of jurisdiction at Jhajjar.

(2.) It is stated that on account of a matrimonial discord, the petitioner is residing at Jhajjar and has filed a petition under Sec. 125 Cr.P.C. at Jhajjar, which is pending. It is further stated that the respondent-husband has filed the present petition under Sec. 13(1) of the Hindu Marriage Act at Gohana in order to harass the petitioner. It is further submitted that the petitioner is facing great difficulty in prosecuting the said case, as there is a distance of about 100 Kms between the aforesaid two places. A perusal of the divorce petition shows that in paragraph No. 3, the respondent-husband has stated that it is the petitioner, who is in the custody of the minor daughter.

(3.) 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 family condition of the wife, custody of the minor child, economic condition of the wife, her physical health and earning capacity of the husband and most important, 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. Accordingly, 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 view of the fact that in case notice of motion is issued, even the respondent/husband has to bear the litigation expenses, this Court deems it appropriate to allow the present petition, with the following directions:-