ANJU BALA Vs. NARINDER KUMAR BHAGAT

JUDGEMENT

(1.) This transfer petition has been filed by the wife (petitioner herien) seeking transfer of a petition filed under Sec. 9 of the Hindu Marriage Act filed by the husband (respondent herein) titled "Narinder Kumar Bhagat vs Anju Bala"? from the Court of Learned Additional District Judge (Matrimonial cases), Jammu to the Court of learned Principal District Judge, Samba. The transfer has been sought on the ground that the petitioner is a resident of Samba and the marriage between the petitioner and respondent also took place on 9/10/2010 at Samba. It is claimed that the relationship of petitioner and respondent remained cordial for some time and thereafter differences erupted and the relations got strained. The petitioner and the respondent got separated on 11/8/2011 and since then, they have been living separately. The petitioner has further claimed that having failed to arrive at mutual settlement, she filed a petiton under Sec. 13 of the Hindu Marriage Act on 8/10/2014 in the Court of Principal District Judge Samba. It is submitted that on being put on notice, the respondent has appeared in the said matter and has also filed his objections. The petitioner also claims to have filed an application under Sec. 30 of the Hindu Marriage Act in the said Court which is also being contested by the respondent. It is submitted that as a counter blast and to harass the petitioner, the respondent after ten months of filing of a petiton by the petitioner under Sec. 13 of the Hindu Marriage Act, filed a petiton under Sec. 9 of the Hindu Marriage Act before the Court of learned Additional District Judge (Matrimonial cases), Jammu. It is, thus, submitted that the petitioner being a destitute woman having no source of income is not in a position to contest the petiton in Jammu and, more so, no prejudice shall be caused to the respondent, if his petiton filed under Sec. 9 of the Hindu Marriage Act is also transferred to the Court of Principal District Judge, Samba where the petiton already filed by the petitioner under Sec. 13 of the Hindu Marriage Act is subjudice.

(2.) Having heard learned counsel for the parties and perused the record, I am of the view that since the petiton under Sec. 9 of the Hindu Marriage Act is by the husband against the wife and, therefore it is the wife's convenience that needs to be looked into. The circumstances pointed out by the learned counsel for the petitioner are sufficient to make out a case for transfer of a petiton filed by the respondent from the Court of learned Additional District Judge (Matrimonial cases), Jammu to the Court of Principal District Judge, Samba. Since the first petiton has been filed by the wife under Sec. 13 of the Hindu Marriage Act in the Court of Principal District Judge, Samba and the same is being contested by the respondent who has not only engaged a counsel in the matter, but has also filed objections, it would, therefore, be convenient for the respondent also if his petiton filed under Sec. 9 of the Hindu Marriage Act is also transferred to the Court of Principal District Judge, Samba, so that both the petitions are tried at one place and if necessary together to avoid any conflicting judgments in the matter. Samba is not a far off place and, therefore, inconvenience too cannot be pleaded by the respondent.

(3.) For the reasons stated above and also in view of the law laid down by this Court in the case of Jatinder Kour vs Sharan Pal Singh, 2016 (1) JKJ 670 (HC), I am of the considered view that ends of justice would be met if the petiton filed by the respondent under Sec. 9 of the Hindu Marriage Act which is pending before the Court of Additional District Judge (Matrimonial Cases), Jammu is transferred to the Court of Principal District Judge, Samba. Ordered accordingly. Court of Additional District Judge (Matrimonial cases), Jammu to transmit the record of the petition titled "Narinder Kumar Bhagat vs Anju Bala' filed under Sec. 9 of the Hindu Marriage Act immediately to the Court of Principal District Judge Samba, who shall proceed ahead in the matter after putting the parties to notice.