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1. This application under Section 24 of the Code of Civil Procedure has been instituted by the wife for the transfer of a divorce petition under Sections 12(1)(d)/13 and 14 of the Hindu Marriage Act, filed by her husband in the competent Court at Jagadhri to a Court of competent jurisdiction at Ferozepur where she is presently residing in her parental house.

2. The marriage between the parties took place on 4-10-1989. Unfortunately, soon after the marriage strained relationships developed between the parties resulting in their separation and thereafter, petitioner started living with her parents at Ferozepur. On 1-8-1990, the petitioner filed an application under Section 125 of the Code of Criminal Procedure which is pending in the Court at Ferozepur. Simultaneously, she also filed a criminal complaint at Ferozepur under Sections 406/498A of the Indian Penal Code, which is also pending for adjudication. The respondent-husband also filed a petition for anullment of marriage and divorce under Sections 12(1)(d)/13 read with Section 14 of the Hindu Marriage Act on 8-8-1990 at Jagadhri. With the pendency of these proceedings instituted by either of the party, the divorce petition filed an pending in the Court at Jagadhri is sought to be transferred to Ferozepur only on the ground that the petitioner is living with her parents and is unable to persue the case against her at Jagadhri which is at about a distance of 300 kms. from Ferozepur. It has also been alleged that the defence of the petitioner in the proceedings at Jagadhri would be prejudiced as petitioner being lady, would not be able to travel on each date of hearing and to incur heavy travelling expenditure. It is also alleged that in the interest of justice, petition filed by the husband be transferred to some Court at Ferozepur where he application for maintenance and criminal complaint as detailed above, had been filed prior to the divorce petition in question.

4. Mr. Hari Om Sharma, Counsel for Vinay Kumar respondent, on his client's instructions, present in Courts made a statement at Bar that the respondent is a student of LL.B. Ist Year at Kurukshetra University. He is son of a labourer and with great difficulty, his father is imparting education to his son. It has also been stated that the divorce is being sought by the respondent on a very grave allegation and his well-founded apprehension are that the petitioner was pregnant at the time of marriage which fact was Concealed both from the 2. respondent and his parents. Due to this fact, relationships worsened between the parties resulting in their separation and the petitioner was taken away by her uncle. Because of the graveness of allegation, the whole family of the petitioner and her relations at Ferozepur have become inimical to the respondent and as such, the transfer of the divorce, petition would result in personal insecurity and hardship to the respondent and his material witnesses.

5. The petitioner's Counsel has challenged the correctness of the allegations in the divorce petition but it is not disputed that the allegations are of the nature as alleged above. Be that as it may, I am not required to comment either way on this aspect of the matter. But the fact remains that petition for divorce has been filed on very grave allegations. It is for the trial Court to find out the truthfulness of the allegations.

6. During the course of arguments, keeping in view the aforesaid facts and circumstances of the case, a suggestion was given by the Court to the parties that their all cases would be transferred at Jalandhar which place would be equally convenient and suitable to the parties. The respondent had no hesitation in accepting this proposal of the Court and stated that he may be saved from harm to his person which he apprehends if he is to attend the Courts at Ferozepur. But on the other hand, the petitioner who was present in Court alongwith her mother and brother, flatly declined the proposal. Yet the Court further, gave ample time to the Counsel for the petitioner to seek necessary instructions from his client dispassionately. However, the learned Counsel for the petitioner expressed his inability to agree to the suggestion of the Court as the petitioner and her other members of the family are not agreeable to this suggestion at all.

7. As per allegations in the petition, the only ground made out is that the petitioner being lady, would not be in a position to come to attend the proceedings at Jagadhri which is at a distance of 300 kms. from Ferozepur. Convenience of a party is one of the factors for the transfer of the case. But this convenience should not be of one party but should be of both the parties. Jalandhar is nearer to Ferozepur than to Jagadhri. This offer having been turned down, it seems that the ground taken in the petition, is not bona fide on. The act and conduct as expressed by the petitioner during the proceedings is indicative of the fact that she want the respondent to be at Ferozepur to attend the proceeding at any cost.