JUDGMENT Amar Dutt, J. - The present petition has been filed by Smt. Seema seeking transfer of petition under Section 9 of the Hindu Marriage Act, which has been filed by her husband in the Court of Additional District, Rewari to the Court of competent jurisdiction at Panipat. 2. The petitioner has averred that the aforesaid petition has been filed by her husband as a counter-blast to secure her presence in Rewari so that they can eliminate her. She also averred that a criminal case FIR No. 6 dated 5.1.2002 under Sections 498-A, 406 and 506 of Indian Penal Code registered at Police Station, Samalkha is pending in the Court of Additional Chief Judicial Magistrate, Panipat. She submits that she would be required to travel about 304 KMs on each date of hearing at Rewari, which would make it difficult for her to defend the case at Rewari. 3. The respondent in his reply denied the averments regarding the circumstances in which the parties drifted apart from one and another and asserted that there was no reason for allowing the petition filed by Smt. Seema for transfer of the petition filed by him under Section 9 of the Hindu Marriage Act, for restitution of conjugal rights, which is pending in the Courts at Rewari. 4. I have heard the learned counsel for the parties and considered the rival contentions. 5. According to the decision of the Apex Court in Sumita Singh v. Kumar Sanjay and another, A.I.R. 2002 S.C. 396, the convenience of the wife has got to be taken into consideration by the Court while deciding such like transfer applications. The fact that the petitioner would have to travel about 300 to 400 KMs on each date of hearing cannot be denied and this by itself would result in sufficient hardship to the petitioner. 6. For the reasons recorded above, the Civil Misc. is allowed and the application under Section 9 of the Hindu Marriage Act titled as Anand Tyagi v. Smt. Seema, pending in the Court of Additional District Judge, Rewari is transferred to the Court of District Judge, Karnal, who will either dispose of the same himself or mark it to any Additional District Judge, Panipat for disposal in accordance with law.
The Additional District Judge, Rewari shall take steps to send the record of the case to the District Judge, Karnal, well before 10.9.2002, on which date the parties have been directed to appear before the transferee Court. Petition allowed.