PUSHPA Vs. BANSI LAL

JUDGEMENT

(1.) PETITIONER wife has filed the present transfer application under Section 24 CPC for the transfer of petition filed by respondent husband under Section 9 of the Hindu Marriage Act, 1955 (for short "the Act") for restitution of Conjugal Right, titled Bansi Lal Vs. Pushpa from the Court of learned Addl. Civil Judge (Sr. Division), Abohar, District Fazilka to the Court of competent jurisdiction at Mansa. It is stated that the marriage between the parties was solemnized on 30.10.2009 at Mansa and out of the said wedlock a male child was born. Due to dowry demand, it is alleged that the petitioner alongwith minor child was turned out of the matrimonial home at Fazilka and now she along with minor child is stated to be residing separately at her parental home at Mansa where she has filed two proceedings, namely, (i) complaint under Sections 406 /498 -A IPC and (ii) petition under Section 125 Cr. P.C.

(2.) THEREAFTER , the respondent husband filed a petition under Section 9 of the Act which, as noticed above, is pending in the Court of learned Addl. Civil Judge (Sr. Division), Abohar, District Fazilka.

(3.) AFTER hearing learned counsel for the parties and taking into account the fact that two proceedings are already pending at Mansa, I find that the grounds set out in the petition are sufficient to allow the petition as it is well settled that in matrimonial proceedings initiated by the husband against wife, convenience of wife must be looked at. Reliance in this regard can be placed upon Sumita Singh v. Kumar Sanjay and another, : AIR 2002 SC 396. In view of the above, the present petition is allowed, the petition under Section 9 of the Act titled Bansi Lal Vs. Pushpa from the Court of learned Addl. Civil Judge (Sr. Division), Abohar, District Fazilka is ordered to be withdrawn and transferred to the District Courts, Mansa for disposal in accordance with law from the stage of withdrawal.