ANJU Vs. SANJAY

JUDGEMENT

(1.) This order of mine shall dispose of two Transfer Applications filed under Section 24 of the Code of Civil Procedure bearing Nos. 548 of 2010 and 56 of 2011 titled "Anju v. .Sanjay" filed by the applicant-wife (Anju) seeking transfer of the petitions filed by husband- respondent (Sanjay), under sections 10 and 25 of the Guardian and Wards Act for obtaining the custody of the minor sons of the parties pending adjudication in the Court of Civil Judge,Sr.Division, Jhajjar and the other filed under section 9 of the Hindu Marriage Act for restitution of conjugal rights pending at the Court of Additional District Judge, Jhajjar respectively to the courts of competent jurisdiction at Faridabad.

(2.) Learned counsel for the applicant-wife submits that from the inception of the marriage in February,1996, the respondent and his family members have been harassing and maltreating the applicant for bringing insufficient dowry. He further submits that applicant was given beatings by the respondent as a result of which she was compelled to leave the matrimonial home in May 2005. In July, 2005, a compromise was arrived between the parties and the applicant returned to her matrimonial home. He further submits that even thereafter, the respondent continued to harass and maltreat the applicant and ultimately threw her out of the matrimonial home on 15.4.2009.Thereafter, she had been residing with her parents at Faridabad alongwith her two minor sons. He submits that the respondenthusband had filed the petition at Jhajjar only to harass the applicant. He further submits that the respondent filed the petition under section 9 of the Hindu Marriage Act in the court of learned District Judge, Jhajjar. The applicant sought transfer of the said petition by filing Transfer Application No. 231 of 2009 in this Hon ble Court, which was allowed 0n 26.11.2009. He also submits that the applicant filed a petition under section 125 Cr.P.C praying for maintenance for herself and her two minor sons, as she has no resources to look after her minor sons. He pointed out that to save his skin, the respondent withdrew the petition filed under section 9 of the Hindu Marriage Act in the Court of District Judge,Family Court, Jhajjar on 26.7.2010. He also pointed out that in reply to petition filed under Section 125 Cr.P.C, the respondent alleged that the applicant has deserted the respondent and left the matrimonial home on her own. He further submitted that thereafter the respondent filed a petition under section 10 & 25 of the Guardian and Wards Act for the custody of the minor sons, who are being brought up by the applicant-mother and are studying at Faridabad. He submitted that the applicant left with no option but to file a transfer application (No. 548 of 2010) praying for transfer of this petition also to Faridabad, as the minor sons, who go to the local school are residing with the applicant at Faridabad. He further submitted that the respondent again filed a petition under Section 9 of the Hindu Marriage Act for restitution of Conjugal Rights pending adjudication before the District Judge,Jhajjar (the subject- matter of this application). Learned counsel lastly submitted that respondent is still harassing and humiliating the applicant by filing one petition after the other, hence seeking transfer of the applications mentioned above.

(3.) On the other hand, learned counsel for the respondent alleged that the applicant deserted the respondent without his knowledge and consent and left the matrimonial home alongwith her minor sons without his knowledge and consent and started living at Faridabad with her parents since 15.4.2009.