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Heard learned counsel for the parties.
It has gone undisputed before this Court that the applicant-wife, along with her minor child, is living with her parents at her parental village in 1 of 7 District Sonepat. Since the applicant-wife is not working, she is dependent on her parents. Respondent-husband is not paying any amount of maintenance either for the applicant-wife or for the minor child. Distance between Rohtak and Sonepat is more than 50 kilometers. Other litigations between the parties, at the instance of the applicant-wife, are also pending at Sonepat.
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 Rohtak 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 Rohtak 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 Rohtak 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 done. If the applicant-wife is forced to go from Sonepat to Rohtak, 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 Rohtak to Sonepat.
No other argument was raised.
6 of 7 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. Petition under Section 13 of the Act titled as Rohit Kumar Vs. Reena filed by the respondent-husband is ordered to be transferred from Rohtak to Sonepat.
Accordingly, the learned District Judge, Rohtak is directed to send complete record of the abovesaid petition 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.