HARPREET KAUR Vs. MANDEEP SINGH

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 Mandeep Singh Vs. Harpreet Kaur from the Court of learned Addl. Civil Judge (Sr. Division), Jagadhri, District Yamuna Nagar to the Court of competent jurisdiction at Moga. It is stated that the marriage between the parties was solemnized on 14.11.2009 and out of the said wedlock a girl child was born on 8.10.2010. Due to dowry demand, it is alleged that the petitioner alongwith minor child was turned out of the matrimonial home at Jagadhri. Petitioner along with minor child is stated to be residing separately with her married sister at Village Dhudike, Patti Koulu, Tehsil and District Moga. It is stated that the petitioner has filed two proceedings namely (i) petition for divorce and (ii) petition for maintenance, which are pending in the Courts at Moga. It is further stated that in order to harass the petitioner-wife, 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), Jagadhri, District Yamuna Nagar. It is averred that the petitioner wife is a house wife, has no source of income and she alongwith her minor child is fully dependent upon her married sister and brother in law while the respondent is not paying even a single penny for the upkeep and maintenance of petitioner wife and minor child and in these circumstances, it is difficult for the petitioner to attend the proceedings initiated by the respondent husband at Jagadhri, which is about 250 kms away from Moga. After hearing learned counsel for the parties and taking into account the distance between aforesaid two stations, 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 Mandeep Singh Vs. Harpreet Kaur from the Court of learned Addl. Civil Judge (Sr. Division), Jagadhri, District Yamuna Nagar is ordered to be withdrawn and transferred to the District Courts, Moga for disposal in accordance with law from the stage of withdrawal.