AKVINDER KAUR Vs. GURPREET SINGH

JUDGEMENT

(1.) This transfer application has been filed to transfer petition filed by the respondent-husband against the applicant under Section 13(1) (1-a) of the Hindu Marriage Act, 1955 from the District Court, Panchkula to a competent Court at Ambala.

(2.) The ground taken is that the applicant is now residing with her parents with a 7 years old son in a village about 12 kms from Ambala where a petition under the Domestic Violence Act is pending against the respondent-husband. It is prayed that on the comparative hardship tests it would be appropriate if the divorce petition filed by the respondent at Panchkula be transferred to Ambala since Panchkula is about 45 kms away from her village.

(3.) Counsel for the respondent has argued that in this case the respondent is willing to bear the travel expenses which the applicant may have to incur for those hearings when her presence is required before the trial court. He has relied upon the judgment of the Supreme Court in the matter of Preeti Sharma vs. Manjit Sharma, 2005 11 SCC 535 wherein it has been held as follows:-