MST. HALEEMA BEGUM Vs. ALTAF HUSSAIN MIR

JUDGEMENT

(1.) THIS is a petition for transfer of civil suit pending in the Court of Sub Judge, Handwara to a Court of competent jurisdiction at Srinagar. The claim made by the plaintiff -respondent in the suit is for restitution of conjugal rights with his wife who is petitioner before this Court. According to the averments made in the petition, the petitioner being a government servant is posted at Srinagar. The respondent -husband had lived with the petitioner at Srinagar after solemnization of their marriage till February, 2013. It was thereafter he left the company of the petitioner and started living at Handwara. The suit has been filed only to harass the petitioner and in order to deprive her of the government service.

(2.) OBJECTIONS have been filed by the respondent stating that he did not ever resided with the petitioner at Srinagar and as the petitioner left her company from Bonagam Handwara, therefore, the suit has rightly been filed at Handwara in order to restore the matrimonial relationship.

(3.) IT is admitted position that the petitioner is serving as a Female Multipurpose Health Worker at Srinagar. It is also a fact that distance between Srinagar and Handwara is about 70 kilometers. To attend every date of hearing the petitioner would have to travel more than 140 kilometers on every occasion. Even otherwise the convenience of the wife in a case like the one in hand is required to be kept in view as has been held in the cases of Uma Parekh v. Ajeet Pareek, (2005) 9 SCC 600 and Laxmi Devi v. Rajesh Kumar Sanadhya : (2002) 10 SCC 693. It is true that some inconvenience would also be caused to the husband -respondent but the petitioner -wife would suffer greater inconvenience.