ANITA KUMARI Vs. ASHNI SINGH

JUDGEMENT

(1.) PRAYER in the present application is for transfer of divorce petition titled as "Ashni Singh vs Anita Kumari" filed by the respondent/husband against the applicant -wife under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act') from the Court of learned District Judge, Hoshiarpur to the court of competent jurisdiction at Gurdaspur.

(2.) LEARNED counsel for the applicant submitted that marriage of the applicant was solemnised with the respondent according to Sikh rites on 15.8.2011 at Behrampur, District Gurdaspur. After the marriage, the respondent and his parents never allowed her to live in the matrimonial home. She was turned out of the matrimonial home. She is living at the mercy of her parents. She has filed a petition under Section 125 Cr.P.C. for grant of maintenance at Gurdaspur. The respondent has filed the divorce petition only to harass her and her family members. She has no source of income. It was submitted that it is very difficult for the applicant to attend court proceedings by travelling 95 kilometers from Gurdaspur to Hoshiarpur. There is no one in the family to accompany her to attend the court proceedings at Hoshiarpur. It is the convenience of the wife which is to be seen. The respondent -husband is attending the proceedings in the petition filed by the wife under Section 125 Cr.P.C. at Gurdaspur. As the husband is already attending the aforesaid case at Gurdaspur, it will not be difficult for him to attend these proceedings at Gurdaspur. Considering the aforesaid facts, the petition filed by the husband at Hoshiarpur be transferred to the Court of competent Jurisdiction at Gurdaspur. No one has appeared for the respondent at the time of hearing. Heard learned counsel for the applicant and perused the paper book.

(3.) THE issue regarding transfer of case from one Court to another has been discussed by Courts in numerous judgments. In Kulwinder Kaur @ Kulwinder Gurcharan Singh vs Kandi Friends Education Trust and others, 2008 3 SCC 659, the Hon'ble Supreme Court laid down certain parameters to be considered for the purpose, while opining that the same cannot be treated as exhaustive but illustrative in nature. The relevant Para - 14 thereof is extracted hereunder: