Geeta vs Leela Ram

Jaswant Singh, J.—Petitioner wife is seeking the transfer of divorce petition filed by the respondent-husband u/s 13 of the Hindu Marriage Act, 1955 titled as "Leela Ram Vs. Mrs. Geeta" from the court of learned Additional District Judge, Chandigarh to a court of competent jurisdiction at Hisar. It is averred that marriage between the parties was solemnized on 17.06.2011 at village Chhain, District Hisar and the parties cohabited as husband and wife at the matrimonial home in Chandigarh and out of this wedlock one female child was born. Due to matrimonial dispute, the petitioner-wife along with her minor daughter was turned out of her matrimonial home and since then she is residing along with her minor daughter at her parental home at Hisar.

It is stated that the petitioner-wife has filed a petition u/s 12 of the Domestic Violence Act at Hisar. It is further stated that in order to harass the petitioner-wife and as a counter blast respondent-husband has filed petition u/s 13 of the Hindu Marriage Act, 1955 for divorce at Chandigarh. It is further stated that it is extremely difficult for the petitioner-wife to pursue her case at Chandigarh by travelling a distance of more than 250 Kms as there is no male member in her family except her old aged parents to accompany her.

Upon notice 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 "Leela Ram Vs. Mrs. Geeta" pending in the Court at Chandigarh is ordered to be withdrawn and transferred to courts of competent jurisdiction at Hisar for disposal in accordance with law from the stage of withdrawal.