PREM PAL Vs. RAKSHA CHOHAN

JUDGEMENT

(1.) A petition under Section 9 of the Hindu Marriage Act, 1955 (hereinafter called 'the Act') for restitution of conjugal rights was filed by Prem Pal, Petitioner, against his wife Smt. Raksha Chohan in the Court of Subordinate Judge, Garhshankar, District Hoshiarpur, on 17th May, 1978. After many months, Smt. Raksha Chohan presented a petition under Section 13 of the Act for dissolution of marriage by a decree of divorce and in the alternative for the grant of a decree for judicial separation under Section 10, read with Section 13 -A of the Act. The latter petition had been filed in the Court of District Judge, Jullundur.

(2.) PREM Pal has filed the present application under Section 21 -A of the Act for the transfer of the petition under Section 13 of the Act filed by Smt. Raksha Cohan and pending in the Court of District Judge, Jullundur, to the Court of Sub -Judge 1st Class Garhshankar or the District Judge, Hoshiarpur. He contended that as the petition under Section 9 of the Act had been filed earlier to the petition under Section 13 of the Act filed by the Respondent -wife, therefore, in view of the provisions of Section 21A of the Act, the petition under Section 13, which had been filed later in point of time should be transferred to the Court where the earlier application was pending. He had sought the transfer, on another ground also, namely, that he apprehended danger to his life from the side of the Respondent if he went to Jullundur.

(3.) IT will be beneficial to notice the relevant statutory provisions at the very threshold: