Smt. Naveen Malik vs Rajbir Singh Malik

Jitendra Chauhan, J.—This application is filed by the wife/applicant seeking the transfer of the proceedings u/s 13 of the Hindu Marriage

Act, 1955 (for short Rs. the Act'') from Bhiwani to Soneapt, where she has been presently residing.

The case of the applicant is that she is a polio afflicted person and has been looking after her two school going children after she was ousted

from the matrimonial home. It is further case of the applicant is that an application u/s 125 Code of Criminal Procedure and another petition u/s 12

of the Prevention from Domestic Violence Act, 2005 filed by the applicant are prior in time. In order to harass the applicant, the Respondent filed

petition u/s 13 of the Hindu Marriage Act, 1955 (for short Rs. the Act).

I have heard the learned Counsel for the parties.

From the perusal of record, it emerges the applicant is a handicapped woman and has been residing at Sonepat with her two children. The

petitions filed by the applicant are prior in time to the petition filed by the Respondent. The Respondent is already appearing before the court

proceedings at Sonepat. The distance between two stations is about 90 kms.

In the circumstances, there would be a considerable inconvenience to the wife to defend the petition filed by the Respondent at Bhiwani, which

is about 180 kms to and fro. It is the divorce petition of the husband and it should be conducted in a manner which will least trouble the wife. The

balance of convenience is in favour of the applicant and against the Respondent.

It is well settled principle of law that convenience of the wife is to be seen in such like matters as has been held in cases of Sumita Singh Vs.

Kumar Sanjay and Another, Neelam Kanwar v. Devinder Singh Kanwar 2001 (1) M.L.J. 509 (SC) and Mangla Patil Kale Vs. Sanjeev Kumar

Kale, .

Considering the facts that the petitions filed by the applicant are prior in time; she is saddled with the responsibility of two school going children

and primarily the convenience of the wife is to be seen, in my opinion, the present application deserves to be allowed.

In view of the above, the application is allowed. The petition filed by the Respondent titled Rs. Rajbir Singh Malik v. Smt. Naveen Malik, u/s 13

of the Act is withdrawn from the court of learned District Judge/Family Court, Bhiwani and is transferred to the court of competent jurisdiction at

Sonepat. File shall be sent by the trial Court at Bhiwani to the learned District Judge, Sonepat, within two weeks from the date of receipt of a

certified copy of this order. The learned District Judge, Sonepat, will either himself dispose it of himself or entrust it to any other Court of

competent jurisdiction.

Parties are directed to appear before the District Judge, Sonepat, on 20.5.2011.