MONIKA Vs. LUCKY PURI

JUDGEMENT

(1.) PETITIONER wife is seeking the transfer of petition for restitution of conjugal rights filed by the respondent -husband under Section 9 of the Hindu Marriage Act, 1955 titled as "Lucky Puri Vs. Monika" from the court of learned Civil Judge (Jr. Divn.) Ludhiana to a court of competent jurisdiction at Yamuna Nagar. It is averred that marriage between the parties was solemnized on 27.04.2009 at Yamuna Nagar and the parties cohabited as husband and wife at Ludhiana in their matrimonial home. No children were born out of this wedlock. Due to demand of dowry matrimonial dispute arose and the petitioner -wife was turned out of her matrimonial home on 28.11.2010 and since then the petitioner -wife is stated to be residing at her parental home at Yamuna Nagar.

(2.) IT is averred that petitioner -wife has filed FIR under Section 406, 498 -A IPC. It is further averred that in order to harass the petitioner -wife and as a counter blast, respondent husband has filed the proceedings under Section 9 of the Hindu Marriage Act at Ludhiana. It is further averred that it is very difficult for the petitioner -wife to pursue her case at Ludhiana which is at a distance of 300 Kms from Yamuna Nagar and also there is no source of income and the health of her aged parents except whom there is no male member to accompany her to Ludhiana.

(3.) UPON notice respondent -husband has vehemently opposed the prayer made in the present petition, however, 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 Hindu Marriage Act, 1955 titled as "Lucky Puri Vs. Monika" pending in the Court at Ludhiana is ordered to be withdrawn and transferred to courts of competent jurisdiction at Yamuna Nagar for disposal in accordance with law from the stage of withdrawal.