LOVLEEN Vs. HARPREET SINGH

JUDGEMENT

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

(2.) LEARNED counsel for the applicant submitted that marriage of the applicant was solemnised with the respondent according to Sikh rites at Amritsar on 16.4.2008. The applicant was turned out of matrimonial home after giving severe beatings when she was pregnant. One male child was born out of the wedlock. As all efforts for reconciliation thereafter remained futile, the applicant filed a complaint under Section 406, 498-A IPC and an application under Section 125 Cr.P.C. at Jalandhar. As a counter blast to the aforesaid cases filed by the applicant, the respondent filed a petition under Section 9 of the Act at Amritsar. 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 respondenthusband at Amritsar, being a poor lady, who is living with minor child at the mercy of her parents with no source of income. Brother of the applicant is settled abroad. No one is there in the family to accompany her to attend hearings of the case at Amritsar. Earlier also the applicant was attacked by some unknown persons when she had gone to attend the hearing of petition under Section 9 of the Act at Amritsar. 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 Amritsar be transferred to the Court of competent Jurisdiction at Jalandhar.

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