Bindu Yadav vs Vishal Yadav

Jaswant Singh, J.—Petitioner-wife has filed this petition u/s 24 of CPC praying for transferring the petition filed by the respondent-husband u/s 13 of the Hindu Marriage Act, 1955 for divorce from the court of District Judge, Family Court, Gurgaon to a court of competent jurisdiction at Faridabad. It is averred that marriage between the parties was solemnized on 27.04.2008 as per Hindu Rites and Rituals. It is further stated that out of this wedlock no child was born. It is further stated that due to maltreatment and dowry demands, the petitioner-wife was turned out of the matrimonial home. It is further stated that petitioner-wife is residing with her parents at Faridabad since 2008.

It is averred that the petitioner-wife is a housewife and is having no source of income. It is further averred that petitioner-wife, had filed a petition u/s 125 Cr. PC against the respondent-husband in the court of District Judge, Family Court, Faridabad and same is pending. It is further averred that respondent-husband had filed petition u/s 13 of Hindu Marriage Act, 1955 at Gurgaon seeking dissolution of the marriage. It is further averred that the respondent-husband is an Advocate residing at Gurgaon.

Upon notice learned counsel for the respondent-husband has vehemently opposed the prayer made in the present petition, however, I find that the grounds set out in the petition are sufficient to allow the petition as it is well settled that in matrimonial proceedings initiated by the husband against wife, convenience of wife must be looked at. Reliance in this regard can be placed upon Sumita Singh Vs. Kumar Sanjay and Another, . In view of the above, the present petition is allowed, the petition u/s 13 of the Hindu Marriage Act, 1955 titled as Vishal Yadav Vs. Bindu Yadav pending in the Family Court/District Judge, Gurgaon is ordered to be withdrawn and transferred to the court of competent jurisdiction at Faridabad for disposal in accordance with law from the stage of withdrawal.