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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 Ravinder Vs. Poonam and another by respondent-husband from Sonepat to Jhajjar.

Notice of motion was issued.

Heard learned counsel for the parties.

It has gone undisputed before this Court that the applicant-wife is living with her parents in her parental village in District Jhajjar. Since the applicant-wife is not working, she is dependent on her parents. Respondent- husband is not paying any amount of maintenance to the applicant-wife. Distance between Sonepat and Jhajjar is about 70 kilometers. Other litigations 1 of 7 between the parties, at the instance of the applicant-wife, are also pending at Jhajjar.

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 Jhajjar. 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 Jhajjar 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.

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 Jhajjar, 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 Jhajjar 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 Jhajjar.

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

6 of 7 the same is hereby allowed. Petition under Section 13 of the Act titled as Ravinder Vs. Poonam and another filed by the respondent-husband is ordered to be transferred from Sonepat to Jhajjar.

Accordingly, the learned District Judge, Sonepat is directed to send complete record of the abovesaid petition to the learned District Judge, Jhajjar, 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.