SONIA Vs. RAJNISH KUMAR ARORA

JUDGEMENT

(1.) IN this application Under Section 24 of the Code of Civil Procedure, prayer made by Sonia wife of Rajnish Arora is that petition Under Section 9 of the Hindu Marriage Act titled 'rajnish Kumar Arora v. Sonia Arora' pending in the court of Shri P. S. Bajaj, Addl. District Judge, Ludhiana, be transferred to any court to competent jurisdiction at Amritsar.

(2.) PETITIONER Sonia, was married with Rajnish Kumar Arora, respondent, as per Hindu rites on 23. 11. 1991. Out of the wedlock, two children, one son and a daughter, were born on 16. 10. 1992 and 8. 2. 1994 respectively. Her husband, Rajnish Arora filed a petition Under Section 9 of the Hindu Marriage Act at Ludhiana, alleging that she had left the matrimonial home without any cause on 28. 6. 1995. It is the common case of the parties that while petition Under Section 9 of the Act was pending, there was some reconciliation between the parties and as a result of that, petitioner came to her matrimonial home and stayed there from 10. 9. 1995 to 5. 1. 199. 6. This has so been averred in para 4 of the application. It has also been averred that once again she was turned out from the matrimonial home alongwith children after being given serious beatings and in fact the respondent tried to kill the petitioner. Petitioner has also filed an application Under Section 125 Cr. P. C. for grant of maintenance for herself and her two minor-children and that application is pending in the court of Shri B. S. Mangat, Judicial Magistrate Ist Class, Amritsar. It has been averred that petitioner has no source of income and her father is a poor man doing private job and is providing maintenance and shelter to the petitioner and her children with great difficulty. It has also been stated that petitioner is unable to visit Ludhiana to attend the hearing of the case alongwith the minor children, whereas respondent is running a chemist shop along with his brother at Ludhiana and his father is running business of tea merchant. It has thus, been prayed that petition Under Section 9 of the Act pending in the Court of Sh.-P. S. Bajaj, Additional District Judge, Ludhiana, be transferred to a court of competent jurisdiction at Amritsar.

(3.) AFTER hearing the learned counsel for the parties at some length and taking into consideration the submission made by counsel for respondent, I am of the considered view that petition Under Section 9 of the Hindu Marriage Act deserves to be transferred to a court of competent jurisdiction at Amritsar. Since the petitioner is to look after two minor children; one aged 5 years and another 2-1/2 years and her father is an employee in a private shop, it would not be possible for her to defend the petition Under Section 9 of the Act filed by the husband. As the application Under Section 125 Cr. P. C. is pending in the Court at Amritsar and respondent is appearing in that petition, no serious prejudice is going to be caused to the respondent if he also appears in his petition Under Section 9 on it being transferred to that district.