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Applicant, by way of instant transfer application under Section 24 of the Code of Civil Procedure (for short 'CPC'), seeks transfer of the petition under Section 9 of the Hindu Marriage Act, 1955 ('the Act' for short) titled as Sushil Vs. Sarita, filed by respondent husband from Sonepat to Karnal.

Notice of motion was issued and learned trial court was directed to adjourn the case beyond the date fixed before this Court.

Heard learned counsel for the parties.

After giving anxious consideration to the contentions raised and careful perusal of the record of the case, this Court is of the considered opinion that instant one has been found to be a fit case for ordering the transfer of petition under Section 9 of the Act from Sonepat to Karnal. It is so said because all the abovesaid undisputed facts clearly go in favour of the applicant-wife and against the respondent-husband. In the circumstances of the case, it will not only be inconvenient but would be very difficult for the applicant-wife to go from Karnal to Sonepat, to pursue the litigation imposed on her by the respondent-husband. Convenience of the wife in transfer applications, like the present one, arising out of a matrimonial dispute, is one of the relevant considerations. Further, distance between the two places, financial status of the wife, her source of income as well as her age are the relevant factors to be considered, while deciding the transfer applications like the present one.

(emphasis supplied)"

The above-said law laid down by the Hon'ble Supreme has also been 5 of 7 followed by this Court in order dated 16.03.2016 passed in TA No.945 of 2015 (Sushma and others Vs. Kapil @ Sahil Bansal) and TA No.797 of 2015 (Jagroop Kaur Vs.Varinder Singh Bhela @ Tony) which, in turn, were based on the judgments of the Hon'ble Supreme Court, as well as different High Courts, including this Court.

Reverting to the facts of the case in hand and respectfully following the law laid down by the Hon'ble Supreme Court as well as different High Courts, including this Court, it is unhesitatingly held that applicant-wife is entitled for getting the petition under Section 9 of the Act transferred from Sonepat to Karnal, so as to enable her to pursue the litigation without facing any undue hardship or harassment at the hands of the respondent-husband. It is the settled principle of law that justice is not only to be done but it should also appear to have been done. If the applicant wife is forced to go from Karnal to Sonepat, it would amount to denial of justice to her. Thus, to strike a balance between the parties with a view to do complete and substantial justice and proceeding on a holistic view of the matter, this Court is of the considered view that it would be just and expedient to transfer the petition under Section 9 of the Act from Sonepat to Karnal.

No other argument was raised.

Considering the peculiar facts and circumstances of the case noted above, coupled with the reasons aforementioned, this Court is of the considered view that instant transfer application deserves to be accepted and the same is hereby allowed. Petition under Section 9 of the Act filed by the respondent husband is ordered to be transferred from Sonepat to Karnal.

Accordingly, the learned District Judge, Sonepat, is directed to 6 of 7 send complete record of the above-said petition to the learned District Judge, Karnal, at an early date but in any case within a period of one month from the date of receipt of certified copy of this order.