GEETA RANI Vs. JOGINDER SINGH

JUDGEMENT

(1.) Applicant, by way of instant transfer application under Sec. 24 of the Code of Civil Procedure (for short 'CPC'), seeks transfer of the petition under Sec. 13 of the Hindu Marriage Act, 1955 ('the Act' for short) titled , filed by respondent husband from Ambala to Ludhiana.

(2.) It has gone undisputed between the parties that applicant-wife, along with her minor child, is living with her parents at Ludhiana. Since applicant-wife is not working, she is dependent on her parents. Distance between Ambala and Ludhiana is about 150 Kms. Other litigations between the parties, at the instance of the applicant-wife, are also pending at Ludhiana.

(3.) After giving anxious consideration to the contentions raised and careful perusal of the record of the case, this Court is of the considered opinion that instant one has been found to be a fit case for ordering the transfer of petition under Sec. 13 of the Act from Ambala to Ludhiana. It is so said because all the abovesaid undisputed facts clearly go in favour of the applicant-wife and against the respondent-husband. In the circumstances of the case, it will not only be inconvenient but would be very difficult for the applicant-wife to go from Ludhiana to Ambala, to pursue the litigation imposed on her by the respondent-husband. Convenience of the wife in transfer applications, like the present one, arising out of a matrimonial dispute, is one of the relevant considerations. Further, distance between the two places, financial status of the wife, her source of income, her age as well as her responsibility for bringing up the minor children, are the relevant factors to be considered, while deciding the transfer applications like the present one.