Parminder Kaur vs Vikas Sharma

Jaswant Singh, J.—Petitioner wife has filed the present transfer application u/s 24 of the CPC for the transfer of divorce proceedings u/s 13 of the Hindu Marriage Act, 1955 initiated by respondent-husband titled as "Vikas Sharma Parminder Kaur Maan" from the Court of learned District Judge, SAS Nagar (Mohali) to the Court of competent jurisdiction at Sri Muktsar Sahib. It is averred that marriage between the parties was solemnized on 11.12.2008 at Shri Ganganagar (Rajasthan) and the parties cohabited at Shri Ganganagar & SAS Nagar Mohali as husband and wife and one son namely Ekam Sharma was born out of this wedlock. Due to matrimonial dispute, petitioner-wife was turned out of her matrimonial home along with her minor son in the month of October 2009 and since then she is stated to be residing separately in a rented accommodation at Muktsar Sahib after residing for sometime with her parents.

It is averred that that in order to harass the petitioner-wife, respondent husband has filed the proceedings u/s 13 of the Hindu Marriage Act at SAS Nagar (Mohali). It is further averred that it is very difficult for the petitioner-wife to pursue her case at SAS Nagar which is at a distance of 235 Kms from Muktsar Sahib as there being no male member to accompany her to SAS Nagar (Mohali).

Upon notice none has appeared to contest the petition on behalf of the respondent-husband, 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 "Vikas Sharma Vs. Parminder Kaur" pending in the Court of learned District Judge SAS Nagar (Mohali) is ordered to be withdrawn and transferred to courts of competent jurisdiction at Sri Muktsar Sahib for disposal in accordance with law from the stage of withdrawal.