JYOTSNA RAJE Vs. JAGPAL SINGH

JUDGEMENT

(1.) This is an application under Sections 24 and 151 of the Code of Civil Procedure for the transfer of case No. 8-3 of 1960 (Jagpal Singh v. Jyotsna Raje) pending in the Court of the District Judge, Hissar, from that Court to some other Court of competent jurisdiction at Delhi. The case, of which the transfer has been sought, was initiated by means of a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act (XXV of 1955) filed by Jagpal Singh against Jyotsna Raje. I may here mention that there is also a similar connected petition (Civil Miscellaneous 919 of 1961) filed by Jyotsna Raje for the transfer of another case (Case No. 16 of 1960 : Jagpal Singh v. Jyotsna Raje) pending in the Court of the Senior Subordinate Judge, Hissar. from that Court to some other Court of competent jurisdiction in Delhi. The former case has been described in the petition to be case No. 1 and the latter as case No. 2.

(2.) Going back to the resume of the facts of the controversy, the petitioner, Jyotsna Raje, is the daughter of H. H. the Maharaja of Samthar who, after the merger of Samthar State with the Indian Dominion (now Indian Union) is permanently residing in Lucknow (Uttar Pradesh), and his daughter Jyotsna Raje petitioner is residing with her father in Lucknow. Jagpal Singh, who is an Executive Engineer, P. W. D., Public Health Division, is at present posted at Hissar and is resid-ing there; his father is posted as Land Acquisition Officer in Ambala. The petitioner was married to Jagpal Singh respondent on 4th December 1954 and after marriage the petitioner mostly resided with her parents in Lucknow though she also resided with the respondent in Ambala where he was posted at that time. After. Jagpal Singh's transfer to Hissar, the petitioner resided with him in Hissar till February, 1959, since when she has been continuously residing with her parents in Lucknow, In between April 1959 and April 1960 the husband visited, Lucknow on no less than five occasions staying with the petitioner; on those occasions, therefore, the parties resided together as husband and wife. Since February 1959, it is again asserted that the petitioner never resided in Hissar.

(3.) During the pendency of case No. 1 Jagpal Singh filed in the Court of the Senior Subordinate Judge, Hissar, a petition under Section 25 of the Cuardians and Wards Act against Jyotsna Raje for the custody of Virinda Raje minor daughter of the parties; the said petition being numbered as suit No. 16 of 1960 in the Court of the Senior Subordinate Judge, Hissar. It is this suit which has been referred to earlier as case No. 2. On 21st November 1960 Jyotsna Raje filed an application in case No. 1 for maintenance pendente life and For expenses of the proceedings under the Act of 1955 praying that the husband be initially directed to pay Rs. 5,000/-for the present to the wife as costs which are likely to be incurred by the petitioner in raising and pressing the question of jurisdiction, and further to pay a monthly maintenance of at least Rs. 400/-to her for her own maintenance and maintenance of the minor daughter during the pendency of the said proceedings. She also filed a written statement on the same date contesting the right of Jagpal Singh to the decree for restitution of conjugal rights and, in particular, pleading that, as the parties last lived together as husband and wife in Lucknow, the District Judge, Hissar, had no jurisdiction to entertain the application for restitution of conjugal rights. On 20th December 1960 Jagpal Singh filed an application requesting the Court to summon the wife personally for recording her statement and the Court was pleased to direct a copy of the application to be handed over to the petitioner's counsel who in due course, on 15th March 1961, filed objections to the said application. That application has, according to the petition, not yet been disposed of. After 20th December 1960 case No. 1 was fixed for 9th January, 7th February, 24th February and lastly on 15th March 1961 when the learned District Judge framed an issue with respect to the application for maintenance and expenses filed by the petitioner. The case was directed to come up for evidence on that issue on 9th and 10th of May 1961. Issues on the merits were framed on 22nd March 1961, and evidence on those issues was also directed to be produced on 9th and 10th of May 1961. On 4th April 1961 an application was filed by the petitioner (Jyotsna Raje) in the Court of the District Judge, Hissar, praying that the proceedings in the main case be stayed till the decision of the application for maintenance pendente lite under Section 24 of the Hindu Marriage Act. This prayer was disallowed on 12th April 1961.