The court may allow the transfer of a case under section 13 of the Hindu Marriage Act based on the convenience of the parties and the interest of justice.

R.P. Singh, J.

By means of this transfer application the applicant has prayed for transfer of petition No. 103 of 1986, Narendra Kumar Dass v. Smt. Shobha Katiyar u/s 13 of Hindu Marriage Act pending in the Court of Civil Judge, Varanasi to the Court of Civil Judge Farrukhabad.

2. The facts briefly are that the applicant who is the wife has been neglected by her husband opposite party who had gone to Quwait and even though he returned back after number of years, the opposite party and her family members started ill-treating and assaulting the Petitioner due to which the Petitioner had to come to Farrukhabad. The applicant was hence compelled to file a suit for restitution of conjugal rights in the year 1983 at Farrukhabad which is pending before the Civil Judge. As a counter blast the opposite party who is the husband, after three years of the suit instituted by the applicant, filed the petition u/s 13 of the Hindu Marriage Act at Varanasi on frivolous grounds to put pressure on the applicant and harass her. It is averred in the affidavit filed on behalf of the applicant that her father is already dead and she has no source of income and cannot do pairvi of her case at Varanasi pending against her while the opposite party has already deputed pairokar to look after his case at Farrukhabad. The applicant being handicapped being a lady without any source is not able to do pairvi and look after the case instituted against her by her husband opposite party at Varanasi and hence the prayer is that the case No. 103 of 1986 pending in the Court of Civil Judge Varanasi may be transferred to the Court of the Civil Judge, Farrukhabad.

3. In view of the circumstances of the present case I am satisfied that keeping in view the convenience of the applicant as compared to that of the opposite party it would be just and expedient in the interest of justice that the petition No. 103 of 1986, Narendra Kumar Dass v. Smt. Shobha Katiyar, pending in the Court of Civil Judge Varanasi may be transferred to the Court of Civil Judge Farrukhabad.

4. In the result, the application is allowed. Let the record of case No. 103 of 1986, Narendra Kumar Dass v. Smt. Shobha Katiyar, pending in the Court of Civil Judge Varanasi be transferred to the Court of Civil Judge Farrukhabad.