RAMAN DEVI Vs. LEKH RAJ

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 Lekh Raj Vs. Raman Devi from the Court of learned Addl. Civil Judge (Sr. Division), Mukerian to the Court of competent jurisdiction at Ludhiana. It is stated that the marriage between the parties was solemnized on 10.12.1989 at Ludhiana and out of the said wedlock, three children i.e. two daughters and a son were born. Due to matrimonial dispute, it is alleged that the petitioner alongwith minor children was turned out of the matrimonial home at Village Baring, P.O. Beh Khushala, Tehsil Mukerian, District Hoshiarpur. The petitioner wife along with the minor children is stated to be residing separately at her parental home at Ludhiana since 2002 where she has filed a 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), Mukerian.

(3.) NONE has appeared on behalf of the respondent -husband despite service to controvert the aforesaid facts. Thus, 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 Lekh Raj Vs. Raman Devi from the Court of learned Addl. Civil Judge (Sr. Division), Mukerian is ordered to be withdrawn and transferred to the District Courts, Ludhiana for disposal in accordance with law from the stage of withdrawal.