Manmeet Kaur vs Ranjeet Singh

Jaswant Singh, J.—Petitioner wife is seeking the transfer of petition for divorce filed by the respondent-husband u/s 13 of the Hindu Marriage Act, 1955 titled as "Ranjeet Singh Vs. Manmeet Kaur" from the court of learned District Judge, Kurukshetra to a court of competent jurisdiction at Mohali. It is averred that marriage between the parties was solemnized on 10.09.2007 at Pehowa, District Kurukshetra. The parties cohabited as husband and wife in village Gumthala Garhu, Tehsil Pehowa, District Kurukshetra as also Australia. Due to matrimonial dispute the wife is stated to be residing separately with her parents at Mohali since 2011.

The ground for transfer is that it is extremely inconvenient for the petitioner-wife to travel 110 kms from Mohali to Kurukshetra to pursue her case where she also apprehends danger to her life.

It is stated that in order to harass the petitioner-wife, respondent-husband has filed petition u/s 13 of the Hindu Marriage Act, 1955 for divorce at Kurukshetra.

Upon notice none has caused appearance on behalf of the respondent-husband to contest the 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 "Ranjeet Singh Vs. Manmeet Kaur" pending in the Court at Kurukshetra is ordered to be withdrawn and transferred to courts of competent jurisdiction at Mohali for disposal in accordance with law from the stage of withdrawal.