ORDER

This is a transfer petition by the wife. She seeks the transfer of matrimonial proceedings filed by the husband in Delhi to Kanpur, where she is now residing. It is her case that a minor child of the marriage is with her in Kanpur and she would not be able to go to and fro to contest the proceedings in Delhi; also, there is no male member in her family who can accompany her.

2. The contention of learned counsel for the husband is that the matrimonial home was in Delhi, that all the witnesses who would have to be examined by the husband to prove his case in the matrimonial proceedings are in Delhi, and they would have to be carried to Kanpur, if the case was transferred there. Accordingly, in his submission, the balance of convenience requires that the transfer petition should not be allowed.

3. In our view, in this transfer petition, the convenience that has to prevail is the convenience of the wife and the issue of the marriage, and there is no doubt, that looked at thus, the transfer petition must succeed.

4. Accordingly, the transfer petition is allowed. H.M.A. No. 357 of 2000 pending before the District Judge, Tis Hazari, Delhi shall stand transferred to the District Judge, K