Kavita Devi vs Munish Kumar

Jaswant Singh, J.—Petitioner wife has filed the present transfer application u/s 24 CPC for the transfer of petition filed by respondent husband u/s 13 of the Hindu Marriage Act, 1955 (for short "the Act") titled Munish Kumar Vs. Kavita Devi from the Court of learned District Judge, Family Court, Hisar to the Court of competent jurisdiction at Jhajjar. It is stated that the marriage between the parties was solemnized on 15.1.2000 at Village Amadal Shahpur, Tehsil Mattan Hail, District Jhajjar. The parties cohabited as husband and wife in Hisar and out of the wedlock, a daughter was born on 12.8.2003 and a son was born on 2.2.2006. Due to matrimonial Dispute, the wife is stated to be residing separately at her parental home in District Jhajjar since 16.9.2012. It is stated that the wife has filed an FIR under Sections 406/498-A IPC against the husband at Jhajjar. The custody of two minor children is with the family of the husband, who is concededly posted as Kanungo at Jhajjar.

The husband, however, has filed a divorce petition u/s 13 of the Act, which as noticed above, is pending before the learned District Judge, Family Court, Hisar.

The prayer for transfer from Hisar to Jhajjar is made on the ground of inconvenience of distance of 100 kms as also the pending FIR and more so due to the posting of the husband at Jhajjar itself.

Upon notice, learned counsel for the respondent-husband states that he has no objection if the proceedings are transferred from Hisar to Jhajjar. In view of the aforesaid agreed stand, the present petition is allowed, the petition u/s 13 of the Act titled Munish Kumar Vs. Kavita Devi from the Court of learned District Judge, Hisar is ordered to be withdrawn and transferred to the District Courts, Jhajjar for disposal in accordance with law from the stage of withdrawal.