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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 civil suit for permanent injunction, titled as Parmod Vs. Suman, filed the respondent- husband from Jind to Sonepat.

Notice of motion was issued and proceedings before the learned court below were stayed.

Heard learned counsel for the parties.

It has gone undisputed between the parties that applicant-wife, along with her minor children, is staying with her parents at Sonepat. Applicant- wife is also working at Sonepat. Distance between Sonepat and Jind is more than 70 Kms. Other litigation between the parties, at the instance of the applicant-wife, are also pending at Sonepat.

1 of 6 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 ordering the transfer of civil suit from Jind to Sonepat. 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 Sonepat to Jind, 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, her age as well as her responsibility for bringing up the minor children, 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 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 civil suit transferred from Jind to Sonepat, 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 5 of 6 done. If the applicant wife is forced to go from Sonepat to Jind, 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 civil suit from Jind to Sonepat.

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. Civil suit filed by the respondent husband is ordered to be transferred from Jind to Sonepat, Accordingly, the learned District Judge, Jind, is directed to send complete record of the abovesaid civil suit to the learned District Judge, Sonepat, 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.