Manjinder Kaur vs Iqbal Singh

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(1)(i) & 13(i)(a) of the Hindu Marriage Act, 1955 for divorce from the court of learned Additional District Judge, Fatehabad to a court of competent jurisdiction at Bathinda. It is averred that marriage between the parties was solemnized on 25.03.2006 as per Hindu Rites and Ceremonies at Bathinda. It is further stated that out of this wedlock one female child Khushnoor was born who is living with the petitioner-wife. It is further stated that due to maltreatment and dowry demands, the petitioner-wife was turned out of the matrimonial home along with her minor daughter in the month of September 2012. It is further stated that petitioner-wife along with her minor daughter is residing with her parents at Bathinda since September 2012.

It is averred that the petitioner-wife is a housewife and is having no source of income. It is further averred that respondent-husband in order to harass the petitioner-wife had filed petition u/s 13 of Hindu Marriage Act, 1955 at Fatehabad seeking dissolution of the marriage. It is difficult for petitioner-wife to attend the proceedings initiated by the respondent husband at Fatehabad, which is more than 100 kms away from Bathinda.

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 Iqbal Singh Vs. Manjinder Kaur pending in the court of learned Additional District Judge, Fatehabad is ordered to be withdrawn and transferred to the court of competent jurisdiction at Bathinda for disposal in accordance with law from the stage of withdrawal.