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CM-3502-CII-2017 Applicant-respondent seeks permission to place on record the reply on behalf of the respondent-husband.

Application is allowed, as prayed for.

CM stands disposed of.

TA-467-2016 Applicant-wife, 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 13 of the Hindu Marriage Act, 1955 ('the Act' for short) titled as Birender Singh Vs. Rashmi Devi filed by the respondent- husband from Sonepat to Hisar.

Notice of motion was issued.

Heard learned counsel for the parties.

1 of 7 It has gone undisputed before this Court that the applicant-wife, along with her minor child, is living with her parents at Hisar. Since the applicant-wife is not working, she is dependent on her parents. Distance between Sonepat and Hisar is more than 130 kilometers. Other litigations between the parties, at the instance of the applicant-wife, are also pending at Hisar.

In view of the abovesaid undisputed fact situation of the case, this Court feels no hesitation to conclude that it is just and expedient to transfer the petition under Section 13 of the Act from Sonepat to Hisar. 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 Hisar to Sonepat to pursue the litigation imposed on her by the respondent-husband under Section 13 of the Act. Convenience of the wife in transfer applications, like the present one, arising out of a matrimonial dispute, is one of the relevant consideration. 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 child, are the relevant factors to be considered, while deciding the transfer applications like the present one.

The abovesaid 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 petition under Section 13 of the Act transferred from Sonepat to Hisar, 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 Hisar 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 13 of the Act from Sonepat to Hisar.