MANJU BALA Vs. RAMESH CHANDER

JUDGEMENT

(1.) In this petition, prayer has been made by the petitioner who got married to the respondent on 1.12.1991 at Ferozepur, for transfer of petition filed by respondent-husband under Sections 11 and 12 of the Hindu Marriage Act titled as Ramesh Chander v. Manju Bala from the Court of Additional District Judge, Faridkot to a Court of competent jurisdiction at Ferozepur. It has been averred that after marriage, respondent failed to maintain the petitioner and her minor daughter, besides having treated the petitioner with cruelty. Petitioner has averred that aggrieved by the action of the respondent, she filed an application under Section 125 Cr.P.C. for grant of maintenance which is pending in the Court of Chief Judicial Magistrate, Faridkot, and also a criminal complaint under Section 408/498-A/34 IPC in the same very Court at Ferozepur. Prior to the filing of petition under Sections 11 and 12 of the Hindu Marriage Act, the respondent had filed a petition under Section 9 of the Hindu Marriage Act which was dismissed and thereafter, as a counter-blast to the proceedings initiated by the petitioner, respondent has filed the petition at Faridkot. Transfer of the petition has been sought on the ground that the petitioner is a poor lady without means and is dependent for her maintenance as well as for her daughter on her father who is a low salaried person, i.e. peon and as such, she finds it difficult to defend her cause in the petition filed by respondent at Faridkot. She has further averred that there is no male member in her family except her father and therefore, it has become difficult for her to come every time to Faridkot. She has alleged that respondent threatened her that in case she dares to visit Faridkot, she will have to pay heavy price as his brother is a former Deputy Superintendent of Police of C.B.I. and carries a big influence in the police.

(2.) In order to explore the possibility of re-conciliation between the parties, respondent was asked to be present in Court but he has not come present. Reply too has not been filed to the present application. Accordingly, I am of the view that the petition titled as Ramesh Chander v. Manju Bala filed by respondent under Sections 11 and 12 of the Hindu Marriage Act deserves to be transferred. Accordingly, it is ordered that petition under Sections 11 and 12 of the Act shall stand transferred to the Court of District Judge, Ferozepur who may either try the petition himself or entrust it to any other Additional District Judge competent to try the petition.

(3.) Parties through their counsel are directed to appear before the District Judge, Ferozepur on 20.11.1994.