BHUPINDER KAUR ALIAS BHINDER KAUR Vs. HARPREET SINGH

JUDGEMENT

(1.) Prayer in the present application is for transfer of petition, titled as Harpreet Singh v. Bhinder Kaur filed under Section 9 of the Hindu Marriage Act, 1955 (for short 'the Act') for restitution of conjugal rights by the respondent-husband from the Court of Civil Judge (Sr. Division), Malerkotla to the Court of competent jurisdiction at Moga.

(2.) Learned Counsel for the applicant submitted that marriage of the applicant was solemnised with the respondent according to Sikh rites at village Tharaj District Moga on 16.1.2005. Out of the wedlock a female child was born. The applicant was turned out of matrimonial home along with minor child. As all efforts for reconciliation thereafter remained futile, the applicant lodged FIR No. 75 dated 16.3.2008 under Section 406, 498-A IPC, at P.S. Baghapurana District Moga and also filed an application under Section 125 Cr.P.C. for grant of maintenance at Moga. As a counter blast to the aforesaid cases filed by the applicant, the respondent filed a petition under Section 9 of the Hindu Marriage Act at Malerkotla. The submission is that it is difficult for the applicant to attend the hearings of the petition under Section 9 of the Act filed by the respondent-husband at Malerkota, being a poor lady, who is living with minor child at the mercy of her parents with no source of income. No one is there in the family to accompany her to attend hearings of the case at Malerkotla. Distance between village Tharaj, Tehsil Baghapurana District Moga to Malerkotla is 120 kilometers. The applicant is not even being paid any maintenance. It is the convenience of the wife which is to be seen. Considering the aforesaid facts, the petition under Section 9 of the Act filed by the husband at Malkerkotla be transferred to the Court of competent Jurisdiction at Moga.

(3.) On the other hand Learned Counsel for the respondent submitted that the husband is not responding inspite of his calls and sought permission to withdrawn the power of attorney. He may do so but no fresh service is required as the respondent is already served.