RAJESH BINDAL, J. - (1.) PRAYER in the application is for transfer of the divorce petition filed by the husband at Ludhiana to Bathinda.
(2.) IT is submitted by the applicant that the marriage of the parties was solemnised on 17.3.2009 as per Sikh rites (Anand Karaj). Out of the wedlock, one son was born, who is residing with the mother. Her father is a labourer. She has no source of income. She was turned out of the matrimonial home as she had brought insufficient dowry. She is residing in the house of her maternal uncle along with her minor son at Bathinda. Whereas the husband is working as Mechanic in a factory at Ludhiana. The petition for divorce has been filed by the husband at Ludhiana only to harass the applicant wife. The distance from Bathinda to Ludhiana is more than 100 kilometers. It is submitted that there is no one to look after the child and it is very difficult for her to attend the proceedings at Ludhiana. The respondent-husband is attending the proceedings in the petition filed by the wife under Section 125 Criminal Procedure Code at Talwandi Sabo, District Bathinda. As the husband is already attending the aforesaid case at Talwandi Sabo, it will not be difficult for him to attend these proceedings at Bathinda. On the other hand, the respondent denied the allegations levelled in the application against him but to the difficulties to be faced by the wife to attend the proceedings along with minor child could not be disputed by him. It was submitted that earlier a case under Section 107/151 Criminal Procedure Code was got falsely registered by the applicant wife at Maur Mandi against the respondent. Maternal uncle of the wife is residing at Bathinda. Therefore, he apprehends that if the case is transferred at Bathinda, he will again be dragged into false litigation. Heard learned counsel for the parties and perused the paper-book.
(3.) IT is not disputed by the learned counsel for the respondent that the wife is now residing at Bathinda with minor child. It is very difficult for her to attend the proceedings at Ludhiana along with minor child. However, he apprehends that if the case is transferred at Bathinda, he will again be dragged into false litigation;