Husband A "Desperado", Wife Travelling 55 Kms To Pursue Divorce Proceedings Under Grave Threat: P&H High Court Allows Transfer Plea

The bench comprising Justice Fateh Deep Singh held that it is certainly a case of undue hardship of exceptional nature, necessitating intervention by the Court.

It was the case where the applicant-wife was seeking transfer of divorce petition pending in the Court of District & Sessions Judge, Sangrur to any other Court of competent jurisdiction at Mansa on the ground that the distance between the two places is around 55 kms.

After considering that the respondent-husband has earlier attacked the relatives of the wife and is also facing criminal charges of kidnapping for ransom, the court held that the husband appears to be a desperado and certainly it would be a grave threat to the wife if she attends the hearing at Sangrur especially when she has a small minor child to look after.

It needs to be kept in mind that as is pleaded in the application and which has remained unrebutted the respondent husband along with his relatives have earlier attacked the relatives of the wife and due to the injuries suffered Baljeet Singh uncle of the wife died regarding which an FIR was got registered with Police Station Moonak and in which the husband stands convicted and further that the husband is also facing criminal charges of kidnapping for ransom pertaining to which FIR was registered at Police Station City Tohana, District Fatehabad. Thus from this, it is well elucidated that husband appears to be desperado and certainly it would be a grave threat to the wife if she attends the hearing at Sangrur especially when she has a small minor child to look after.

Court further added that it is certainly a case of undue hardship of exceptional nature necessitating intervention by this Court in allowing the present application.

In view of these circumstances, it is evident that it is certainly a case of undue hardship of exceptional nature necessitating intervention by this Court in allowing the present application.

Accordingly, the court allowed the transfer of the petition.

Case Title: Simranjit Kaur @ Simarn Kaur Versus Bhinder Pal Singh 

Citation: 2022 LiveLaw (PH) 96