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These two identical transfer applications filed by the applicant- wife are being disposed of vide this common order, as both these transfer applications have arisen out of similar set of facts.
Applicant-wife, by way of TA No.518 of 2016 seeks transfer of a petition under Section 25 of The Guardian and Wards Act, 1890 filed by her mother-in-law, seeking custody of minor child. This petition filed by the For Subsequent orders see TA-519-2016 1 of 8 respondent is being sought to be transferred from Sonepat to Panipat. In another transfer application bearing TA No.519 of 2016, applicant-wife also seeks transfer of a divorce petition filed by respondent-husband from Sonepat to Panipat.
Under these undisputed facts and circumstances of the case, this Court feels no hesitation to conclude that it is just and expedient to transfer both the abovesaid litigations from Sonepat to Panipat, so as to secure the ends of justice. Denial of transfer of the abovesaid two litigations from Sonepat to Panipat would amount to denial of justice to the applicant. It is so said because applicant would be facing great hardship in going from Panipat to Sonepat to pursue the litigations imposed on her by the respondents in both these transfer applications.
After giving anxious consideration to the rival contentions and careful perusal of the record of the case, this Court is of the considered opinion that both these transfer applications have been found to be fit cases For Subsequent orders see TA-519-2016 2 of 8 ordering the transfer of the abovesaid petitions from Sonepat to Panipat. 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 Panipat to Sonepat to pursue the litigations imposed on her by the respondents in both these cases. 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 children, are the relevant factors to be considered, while deciding the transfer applications.
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 abovesaid petitions transferred from Sonepat to Panipat, so as to enable her to pursue the litigations without facing any undue hardship or harassment at the hands of the respondents. 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 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 abovesaid petitions from Sonepat to Panipat.