LAWS(P&H)-1990-4-76

MURTI DEVI ALIAS SUKHCHAIN KAUR Vs. TEJA SINGH

Decided On April 20, 1990
MURTI DEVI ALIAS SUKHCHAIN KAUR Appellant
V/S
TEJA SINGH Respondents

JUDGEMENT

(1.) In this application, the petitioners have sought the transfer of proceedings under Sec. 9 of the Hindu Marriage Act from the Court of Shri G. K. Dhir, Subordinate Judge, First Class, Muktsar to the Court of District Judge, Bhatinda under the following circumstances.

(2.) Petitioner No. I preferred an application for restitution of conjugal rights under Sec. 9 of the Hindu Marriage Act on Sept. 3, 1988 in the Court of District Judge, Bliatinda, which is stated to be pending in the Court. It is alleged that the respondent is evading service. However, later on Dec. 9, 1988 the respondent preferred a petition for restitution of conjugal rights in the Court of Shri G.K. Dhir, Subordinate Judge, First Class, Muktsar. It is averred in this Civil Miscellaneous Application that the marriage between petitioner No. I and the respondent was solemnised about 20/25 years ago. Not only that, the respondent married Amarjit Kaur petitioner No. 2, the younger sister of petitioner No. I about ten years back.

(3.) In spite of service, nobody appeared for the respondent. No reply has been filed. Keeping the peculiar facts and circumstances of the case in view and the facts that petitioner. No. I filed a petition under Sec. 9 of the Hindu Marriage Act at Bhatinda, the ends of justice would be met if the petition under Sec. 9 of the Hindu Marriage Act pending in the Court of Shri G. K. Dhir, Subordinate Judge, First Class, Muktsar between the petitioners and the respondent is transferred to the Court of District Judge, Bhatinda, who shall try the aforesaid petition. I order accordingly.