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ARUN MONGA, J. (ORAL) –

1. Applicant-wife seeks transfer of petition under Section 9 of the Hindu Marriage Act, 1955 filed by the respondent-husband bearing HMA No.576 of 2019 titled as “Amit Singh v/s Nupinderjit Kaur” pending in the Court of Principal Judge (Family Court), Faridkot, to the Court of competent jurisdiction at Ludhiana.

2. Learned counsel for the applicant-wife submits that a petition under Section 125 Cr.P.C. and one petition under Domestic Violence Act 2005 between the parties are already pending at Ludhiana.

3. Learned counsel for the applicant further submits that petitioner is residing at Ludhiana with her mother. She has no source of income. It is very difficult for her to attend hearings at Faridkot by travelling alone, which is approximately 120 kms from Ludhiana. She cannot even bear the expenses for the same.

4. Despite service, none has put in appearance on behalf of the respondent. It seems that respondent-husband has deemingly consented the present transfer application by not contesting the same.

5. I have heard learned counsel for the applicant and have gone through the record of the case.

6. All the cases pending between the parties are aftermath of matrimonial discord. Keeping in view the contentions in the application and the fact that petition under Section 125 Cr.P.C. for grant of maintenance and petition under Domestic Violence Act, 2005 are already pending at Ludhiana, it would be proper, appropriate and in the interest of justice if all the cases are tried and decided at one place.

7. Reference may also be had to “Sumita Singh Vs. Kumar Sanjay and another”, AIR 2002 SC 396 and Rajni Kishor Pardeshi v. Kishor BabulalPardeshi” 2005 (12) SCC 237, wherein Supreme Court has observed that in matrimonial matters, convenience of wife is to be preferred over the convenience of husband.

8. Even otherwise, the ethos as manifested under Article 51-A of Constitution of India also envisage that it shall be fundamental duty of every citizen of India to uphold the dignity of woman. In addition, per Article 15 (3), power has also been conferred on the State to make special provisions for women and children.

9. It was perhaps in this spirit that an amendment was inserted by Act 50 of 2003 with effect from 23.12.2003 in Hindu Marriage Act, 1955, whereby, in case of a wife being the petitioner, jurisdiction was conferred to the Court within local limits of whose ordinary original civil jurisdiction, the wife is residing on the date of presentation of the petition. In fact the very statement of objects and reasons of the Bill whereby Clause (iiia) was inserted in Section 19 (i) of HMA, by way of marriage laws (Amendment Act 2003) states as below:

“The Special Marriage Act, 1954 and the Hindu Marriage Act, 1955 provide that a petition for relief under the provisions of these Acts shall be presented to the District Court within the limits of whose original civil jurisdiction the marriage was solemnized or the respondent, at the time of the presentation of the petition, resided or the parties to the marriage last resided together or the petitioner was residing at the time of the presentation of the petition, in a case where the respondent was at the time residing outside the territories to which these Acts extended or had not been heard of as being alive for a period of seven years by those who would naturally have heard of him if he were alive. However, these provisions are not considered adequate or fair as far the women are concerned. Under the existing provisions, a petition cannot be filed by the aggrieved wife to the District Court within the local limits of whose ordinary jurisdiction she may be residing. In view thereof, the Government has decided to amend the provisions of these Acts so that the wife can also file petition in the District Court within local limits of whose jurisdiction she may be residing.”

10. After the aforesaid amendment, husband can only institute proceedings, either where marriage was solemnized or where the wife is residing or where the parties last resided together. Only in a case where wife is residing outside India, the husband can institute proceedings where he is residing. Whereas, wife can file a petition on the additional ground of her being resident within the local limits of the competent Court. The said right has been exclusively conferred on a wife so as to keep her convenience in mind in the matrimonial matters.

11. In the premise, present application is allowed. The petition in question pending before the Court of Principal Judge (Family Court) Faridkot is ordered to be withdrawn from that Court and is transferred to the District Judge, Ludhiana for its disposal in accordance with law by the Court concerned.

Application allowed.

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