Amanpreet Kaur vs Gurjatinder Singh

Jaswant Singh, J.—Petitioner-wife has filed the present transfer application u/s 24 CPC for the transfer of petition filed by respondent-husband u/s 13 of the Hindu Marriage Act, 1955 (in short ''the Act''), titled as "Gurjatinder Singh Vs. Amanpreet Kaur" from the Court of learned District Judge, Sri. Muktsar Sahib to the Court of competent jurisdiction at Bathinda. It is stated that the marriage between the parties was solemnized on 28.01.1998 at village Kalijharani, District Bathinda. After the marriage, the parties co-habited as husband and wife at Sri. Muktsar Sahib in their matrimonial home. Out of this wedlock, one male child was born in the year 1999. Due to matrimonial dispute, the wife is stated to be residing separately since April, 2011, where she has already lodged an FIR against her husband and in-laws.

It is stated that as a counter-blast, the present petition u/s 13 of the Act has been filed by the respondent-husband at Muktar Sahib.

A prayer has been made by the petitioner-wife that the distance between Muktsar Sahib and Bathinda is 50 Kms. and it is extremely difficult for the petitioner-wife to travel alone, in the absence of any male member in her family at Bathinda to pursue her case where she otherwise also apprehends threat to her life at the hands of family members of the husband.

Upon notice respondent-husband has put in appearance through his counsel. Learned counsel for the respondent-husband on instructions from his client states that he has no objection if the present petition is transferred from Muktar Sahib to Bathinda. In view of the above, the present transfer application is allowed and the petition u/s 13 of the Act titled as "Gurjatinder Singh Vs. Amanpreet Kaur" in the Court of learned District Judge, Sri. Muktsar Sahib is ordered to be withdrawn and transferred to the District Courts, Bathinda for disposal in accordance with law from the stage of withdrawal.