SEEMA Vs. RAKESH KUMAR

JUDGEMENT

(1.) This is a transfer petition filed by the wife. She seeks the transfer of the proceedings for restitution of conjugal rights filed by the husband in Ghaziabad (U. P. ) to Jagadhri (Haryana) where she now resides. It is her case that she cannot defend the case in Ghaziabad effectively as she is dependent on her father. The maintenance petition that she has filed is pending and it is pending in the court at jagadhri. The defence case is that since she has filed her appearance in the matrimonial proceedings at Ghaziabad, her claim of lack of finance and other inability to defend those proceedings is incorrect. We do not appreciate this submission. The wife could not have permitted the petition for restitution of conjugal rights to go undefended before she filed the transfer petition. Having regard to the fact that, admittedly, she is not getting any maintenance from the husband, her financial difficulties are established.

(2.) In the circumstances, we think that the transfer petition should be made absolute. Case No. 1035 of 1999 pending in the court of the Civil Judge, Senior division, Ghaziabad, shall stand transferred to the Court of the Senior Judge, Jagadhri (Haryana).

(3.) No order as to costs.