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Judgment
5 paragraphs · 227 wordsN.C. Jain, J.—This is an application for transfer of the petition u/s 9 of the Hindu Marriage Act (for short ''the Act) from the court of the District Judge, Sirsa to the court of District Judge Ferozepur.
The primary ground on the basis of which application for transfer has been filed is that the applicant wife is a poor lady and is unable to bear the expenses of litigation at Sirsa.
It has remained undisputed before me that the applicant wife is residing at Ferozepur with her parents. It has been held by this Court in Civil Misc. No. 3622-CII of 1991 Usha Rani v. Baldev Raj,1, decided on 25th March, 1992 that a court can transfer a case in order to overcome avoidable expenditure. Similar view was taken by the Karnataka High Court in a case reported as C.S. Shyamala v. Sri Srikantaish,2, AIR 1990 Kar. 146.
For the reasons recorded above, the application is allowed and the case is withdrawn from the court of the District Judge Sirsa and is ordered to be transferred to the court of competent jurisdiction at Ferozepore.
The parties through their counsel are directed to appear before the District Judge, Ferozepur on 10.1.1994 who would either keep the case on his own file or would entrust the same to another court of competent jurisdiction. No costs.