Parveen Devi vs Vijender Singh

Jaswant Singh, J.—Petitioner wife has filed the present transfer application u/s 24 CPC for the transfer of petition filed by respondent husband u/s 13 of the Hindu Marriage Act, 1955 (for short "the Act"), titled Vijender Singh Vs. Parveen Devi from the Court of learned District Judge, Family Court, Hisar to the Court of competent jurisdiction at Bhiwani. It is stated that the marriage between the parties was solemnized on 18.11.2000 at Village Mandhi Kehar and out of the said wedlock a male child was born on 19.11.2002. Due to dowry demand, it is alleged that the petitioner alongwith minor child was turned out of the matrimonial home at Hansi, District Hisar. Petitioner along with the minor child is stated to be residing separately at her parental home at Village Mandhi Kehar, Tehsil Badhra, District Bhiwani. She is stated to have filed two proceedings namely (i) petition u/s 125 Cr.P.C., which is pending at Bhiwani and (ii) petition u/s 12 of the Domestic Violence Act, which is pending at Charkhi Dadri.

Thereafter, the respondent husband filed a petition u/s 13 of the Act, which, as noticed above, is pending in the Court of learned Family Court, Hisar.

It is averred that the petitioner wife is a house wife, has no source of income and she alongwith her minor child is fully dependent upon her parents while the respondent is not paying even a single penny for the upkeep and maintenance of petitioner wife and minor child and in these circumstances, it is difficult for the petitioner to attend the proceedings initiated by the respondent husband at Hisar which is about 120 kms away from Bhiwani.

At the time of hearing, learned counsel for the respondent states that he has no objection if the proceedings are transferred to District Bhiwani. In view of the aforesaid agreed stand, the present petition is allowed, the petition u/s 13 of the Act titled Vijender Singh Vs. Parveen Devi from the Court of learned District Judge, Family Court, Hisar is ordered to be withdrawn and transferred to the District Courts, Bhiwani for disposal in accordance with law from the stage of withdrawal.