RENU Vs. JAGJIWAN SINGH

JUDGEMENT

(1.) Smt. Renu alias Chittar Rekha the wife has filed this application under Section 24 of the Code of Civil Procedure for transfer of a divorce petition filed by Jagjiwan Singh alias Sushil her husband under section 13 of the Hindu Marriage Act, which is pending in the court of Additional District Judge, Ambala to some court at Chandigarh. The parties marriage took place at Chandigarh in May, 1989. As per usual allegation, the wife was turned out of the house. A Civil suit was filed by the husband at Ambala directing the wife to take away her dowry articles. In that suit also an application for transfer was filed. It is now stated that the suit was agreed to be withdrawn and the application was dismissed as infructuous on 11th Sept., 1990. The petitioner has filed an application under section 125 of the Code of Criminal Procedure which is pending in a court at Chandigarh. The petitioner has also filed another criminal complaint under Sections 405, 406 and 498-A of the Indian Penal Code against her husband which is pending in a court at Chandigarh.

(2.) The application for transfer has been opposed by the husband. Reply has been filed thereto. It is alleged by the husband that a sum of Rs. 400/- per mensum is being paid as interim maintenance as ordered by the Magistrate in a case under Section 125 under Criminal Procedure Code. He also apprehended harassment at the hands of wife and her parents at Chandigarh. He thus opposes the transfer of his divorce petition from Ambala to Chandigarh, inter alia alleging that Ambala Court has the jurisdiction to try the same.

(3.) Nobody has put in appearance on behalf of the petitioner Smt. Renu. I have heard Shri S.P. Gupta Advocate for the respondent. Shri Gupta has argued that when petition filed under section 13 of the Hindu Marriage Act is pending in a competent court at Ambala, the same is not required to be transferred to Chandigarh, where the wife has stated proceedings under section 125 of the Code of Criminal Procedure or under Sections 125 of the Code of Criminal Procedure or under Sections 405, 406 498-A of the Indian Penal Code. In support of this contention reliance has been placed on C.M. No. 2974-M of 1988 Smt Alka Jain v. Joginder Kumar Jain decided on April 28, 1989. A divorce petition was pending at Ambala filed by the husband and the wife had filed similar proceedings as are filed in the present case at Patiala. It was observed as under :-