PARKASH KAUR ALIAS PARAMJIT KAUR Vs. SURINDER SINGH

JUDGEMENT

(1.) Through this C.M. Smt. Parkash Kaur alias Paramjit Kaur (wife) has prayed for the transfer of the case titled Surinder Singh vs. Parkash Kaur, pending in the Court of Additional District Judge, Rohtak to some Court competent to try this petition at Jalandhar. It is stated that there is a case pending at Jalandhar, namely, petition under Section 9 of the Hindu Marriage Act, titled Parkash Kaur vs. Surinder Singh. There is a case pending at Jalandhar under Section 125 of the Code of Criminal Procedure, titled Parkash Kaur vs. Surinder Singh. In the petition filed by her under Section 9 of the Hindu Marriage Act at Jalandhar, her husband has put in appearance and has filed written statement. So that there is no conflict of opinion, both the petitions under the Hindu Marriage Act should be decided together by the same Court. She is putting up with her father at Jalandhar alongwith her two children. There is nobody to accompany her to Rohtak, which is at a distance of about 400 kilometers from Jalandhar. Her father is heart patient. He underwent heart surgery at Apollo Hospital, Delhi recently and he is still under treatment and cannot travel. She has no relation at Rohtak, with whom she can stay, if she has to stay in connection with the exigencies of the case. Her husband is an influential person at Rohtak. His father retired from the Haryana Roadways. They are residents of Rohtak. She has an apprehension of being manhandled or misbehaved by the respondent, his friends and relations.

(2.) Respondent (husband) opposed this prayer saying that they last resided together at Rohtak. They cohabited together at Rohtak. He filed a petition under Section 13 of the Hindu Marriage Act against her at Rohtak on 26.4.2000, whereas she filed petition under Section 125 of the Code of Criminal Procedure and the other petition under Section 9 of the Hindu Marriage Act on 9.5.2000 and 12.5.2000 respectively at Jalandhar. She swung into action after the institution of divorce case by him at Rohtak. She was never turned out of the matrimonial. She went to Jalandhar of her own. Courts at Jalandhar have no jurisdiction to try the matrimonial case, because neither the marriage took place at Jalandhar, nor they last resided together at Jalandhar. His parents are also old. His father is a heart patient. His mother is also a chronic patient. Smt. Parkash Kaur can accompany her brother and reach Rohtak.

(3.) I have heard the learned counsel for the parties and have gone through the record.