CHISTY Vs. SALIL KATARIA

JUDGEMENT

(1.) 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, Bathinda to the competent Court of jurisdiction at Patiala.

(2.) Learned counsel for the petitioner has argued that a minor daughter is living in the care and custody of the petitioner and the petitioner, on account of a matrimonial discord, has filed a petition under Sec. 125 Cr.P.C. as well as complaint(s) under the provisions of the DV Act at Patiala, which are pending. It is further submitted that the respondent-husband has filed the present petition under Sec. 13(1) of the Hindu Marriage Act at Bathinda 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 155 Kms between the aforesaid two places.

(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.