HARVINDER KAUR Vs. JAGDISH PAL SINGH BINDRA

JUDGEMENT

(1.) VIDE this application, applicant -wife Smt. Harvinder Kaur seeks transfer of a petition under Section 13 of the Hindu Marriage Act, 1955 (hereinafter mentioned as the Act) filed by respondent -husband Lt. Col. (Retd.) Jagdish Pal Singh Bindra from Pathankot to Bathinda on the ground that she is residing at Rampura Phul (District Bathinda) and distance of Pathankot is more than 300 Kms. whereas Bathinda is only at a distance of around 30 Kms. from Rampura Phul. It is mentioned that pendency of petition at Pathankot causes her embarrassment and harassment at the hands of the husband.

(2.) THIS petition has been strongly contested by the respondent -husband. Seriously contesting her plea that she is permanently living at Rampura Phul, it is claimed that, in fact, the wife is a Green Card holder and is staying in Baltimore (Maryland), USA where she is employed in a hospital and only occasionally visits India to meet her old father and younger brothers at Rampura Phul. It is urged that her plea of permanent residence at Rampura Phul has been belied even in the proceedings under Section 125 Cr.P.C. which were pending before Sub -Divisional Judicial Magistrate, Phul, where the wife did not produce her passport in support of her claim. Even despite having been granted last opportunity, the wife had not put in appearance before the said court resulting in a sine die adjournment of her petition under Section 125 Cr.P.C. Her application for retrieval of the application was dealt with by Sub -Divisional Judicial Magistrate and Sessions Judge, Bathinda orders of which authorities are under challenge in this Court by way of Criminal Misc. No. 15152 of 2012.

(3.) FROM the record, it transpires that even earlier application for transfer of the petition was moved by the wife which was dismissed on 30.11.2012. Even review petition filed against the said order of dismissal, had also met the same fate on 19.2.2013.