SUNITA Vs. SURINDER

JUDGEMENT

(1.) The present application is for transfer of petition under Sec. 13 of the Hindu Marriage Act, 1955, titled as 'Surinder Vs. Sunita ' (Annexure P-1) which is pending in the Court of Additional District Judge, Jind, to the Court of District Judge at Hisar.

(2.) It is the submission of the counsel for the applicant that the applicant has an apprehension that she would be mistreated by the respondent and there are chances of danger to her life and liberty from the respondent and his family members as they had earlier tried to eliminate the applicant by giving beatings. An FIR No.153 dated 08.04.2013, under Sections 323, 498-A, 406, 506 Penal Code has also been registered at Police Station Narnaud, District Hisar. Petition under Sec. 12 of the Protection of Women from Domestic Violence Act 2055 is also pending against the respondent in the Court of Judicial Magistrate Ist Class at Hansi, District Hisar. He further contends that there is no Family Court at Jind whereas the same is available at Hisar and, therefore, on that basis, it is asserted that the petition under Sec. 13 of the Act preferred by the respondent husband be transferred to a Court of competent jurisdiction at Hisar. Reliance has also been placed upon the judgments passed by this Court in TA No.345 of 2010, titled as 'Bimla Devi Vs. Abhimanyu', decided on 15.11.2010 , as also in TA No.61 of 2013, titled as 'Kavita Vs. Paramjeet', decided on 09.09.2013. He, accordingly, prays that since the respondent is already facing two cases in District Hisar, the present transfer application may be allowed.

(3.) On the other hand, counsel for the respondent, has asserted that the distance between the place of residence of the applicant and the Court at Jind is much less than the Court at Hisar and, therefore, it will be much more convenient for her to travel to the Court at Jind where the trial is going on. She further states that the applicant is merely proceeding on the assumption and apprehension that there will be danger to her life and liberty. Counsel assures the Court, on behalf of the respondent, that there is no such threat from the respondent or his family members. She contends that merely because the applicant is seeking transfer from the Court at Jind to the Court at Hisar, should not be a ground for transferring the case especially when the convenience of the wife has not only to be seen but also of the parties together. Even as per the Hindu Marriage Act, 1955, the Court at Jind has the jurisdiction to try the petition and the transfer, if allowed of the petition under Sec. 13 of the Act, would be beyond the statute and against the observations made in the judgments on which reliance has been placed by the counsel for the applicant.