USHA RANI Vs. BALDEV RAJ

JUDGEMENT

(1.) This is an application under Section 24 of the Civil Procedure Code for transferring the petition filed by the husband in Jalandhar Court, to a Court of competent jurisdiction at Ferozepore. Initially the respondent-husband filed an application under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. The petition was amended and now it is a petition under Section 13 of the Hindu Marriage Act.

(2.) The only ground pressed in this petition is that the petitioner is a poor lady and is unable to bear the expenses of litigation at Jalandhar. The applicant admittedly resides at Ferozepore. She is dependent upon her parents.

(3.) After hearing learned counsel for the parties, I am of the view that since the applicant has got no source of income and since she is living on the mercy of her parents, it would be in the interest of justice to transfer the petition filed by the husband to a Court of competent jurisdiction at Ferozepore. It has been held in C.S. Shyamala v. C.S. Srikantaiah, 1990 AIR(Kar) 146, that the Court can transfer a case as desired by a particular petitioner in order to overcome avoidable expenditure. In this case, the petitioner, by way of seeking transfer of case pending in Jalandhar Court, can certainly avoid her expenditure. Following the ratio laid down in C.S. Shyamala's case , I hereby allow the withdrawal of the petition filed by husband from the Court of Sub-Judge, Jalandhar and order that the same be transferred to the Court of District Judge, Ferozepore.