PARVEEN KAUR Vs. GURKIRPAL SINGH

JUDGEMENT

(1.) Prayer in this petition filed under Section 24 read with Section 151 of the Code of Civil Procedure, 1908, is for transfer of the petition, titled as "Gurkirpal Singh v. Parveen Kaur", filed under Section 13 of the Hindu Marriage Act, 1955 (for brevity, 'the Act'), from the Court of learned District Judge, Kapurthala, to a Court of competent jurisdiction at Amritsar.

(2.) Learned counsel for the petitioner submits that a petition under Section 125, Cr.P.C., filed by the petitioner, is pending adjudication at Baba Bakala, District Amritsar and an FIR for the offence punishable under Section 498-A, IPC, lodged by the petitioner against the respondent-husband and his family members is also pending investigation before the police at Baba

(3.) Bakala, District Amritsar. Learned counsel further contends that due to harsh nature of the respondent-husband, it was not possible for the petitioner-wife to pull any more with him and, as such, she was forced to leave the matrimonial house at Kapurthala and had to join the paternal house at Baba Bakala, District Amritsar. He further submits that father of the petitioner is a driver and suffering from Tuberculosis and there is no adult member at the paternal side of the petitioner to accompany her on each date of hearing to Kapurthala from Baba Bakala, District Amritsar. He further points out that the petitioner is living in a village which is far away from the main road and it is not possible for her to board a bus to go to Kapurthala on each date of hearing. The amount of monthly maintenance granted by the learned Magistrate in a petition under Section 125, Cr.P.C., is meagre one and she cannot spend the said amount on transportation.