Suman vs Dinesh

Jaswant Singh, J.—Petitioner wife is seeking transfer of proceedings u/s 9 of the Hindu Marriage Act, 1955 initiated by respondent husband from the Courts at Karnal to a Court of competent jurisdiction at Kaithal. It is averred in the petition that marriage between the parties was solemnised on 25.11.2012 at Village Jakholi, District Kaithal. It is alleged that on account of dowry she was ill treated and thrown out of her matrimonial home on 2.2.2013 and since then she is residing with her parents at Village Jakholi, Tehsil and District Kaithal. Mediation efforts by Panchayat also failed and thereafter petitioner lodged an FIR No. 43 dated 29.4.2013 under Sections 406, 498-A, 323, 506, 34 IPC at PS Titram, Distt. Kaithal against her in-laws.

It is averred that now respondent husband has filed a petition u/s 9 of the Hindu Marriage Act, 1955 in the Court of Civil Judge (Senior Division) Karnal. Transfer of these proceedings from Karnal to Kaithal has been sought on the grounds that (i) petitioner is facing financial hardship being dependent on her parents; (ii) it is difficult for her to travel a distance of 85 kilometers from Village Jakholi, Distt. Kaithal to Karnal as her village is not so well connected with main road as that of respondent/husband; and (ii) respondent husband is already facing proceedings in the FIR lodged by her.

Upon notice respondent has put in appearance and has filed reply resisting the prayer made in the petition.

After hearing both sides 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 9 of the Hindu Marriage Act, 1955 titled Dinesh v Suman pending in the Court of Civil Judge (Sr. Div.) Karnal is withdrawn and transferred to District Courts, Kaithal for disposal in accordance with law from the stage of withdrawal.