HARPREET KAUR Vs. RAGHBIR SINGH

JUDGEMENT

(1.) PRAYER in the present application is for transfer of petition, titled as Raghbir Singh v. Harpreet Kaur, filed under Section 9 of the Hindu Marriage Act, 1955 (for short 'the Act') for restitution of conjugal rights by the respondenthusband from the Court of Civil Judge (Jr. Division), Kharar to the Court of competent jurisdiction at Ludhiana.

(2.) LEARNED counsel for the applicant submitted that marriage of the applicant was solemnised with the respondent according to Sikh rites at Ludhiana on 16.11.2003. One female child was born out of the wedlock. Earlier the matter was compromised twice. However, the applicant was turned out of matrimonial home again on 23.4.2007 after giving severe beatings. As all efforts for reconciliation thereafter remained futile, the applicant moved an application to the Women Cell, Ludhiana on 24.4.2007 and filed applications under Section 125 Cr.P.C. at Ludhiana on 6.4.2010 as well as under Section 12 of The Protection of Women from Domestic Violence Act, 2005 (for short 'the DV Act'). As a counter blast to the aforesaid cases, filed by the applicant, the respondent filed a petition under Section 9 of the Act at Kharar. 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 Kharar, being a poor lady, who is living with minor school going female 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 Kharar. The distance between Ludhiana to Kharar is 90 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 Kharar be transferred to the Court of competent Jurisdiction at Ludhiana.

(3.) HEARD learned counsel for the parties and perused the record.