POOJA KUMARI Vs. GULSHAN KUMAR

JUDGEMENT

(1.) Petitioner seeks transfer of petition filed against her by the respondent under Section 9 of the Hindu Marriage Act for restitution of conjugal right pending in the court of learned Munsiff, Akhnoor to any other courts in Jammu. She also seeks transfer of the civil suit pending for declaring the petitioner to be legally wedded wife of the respondent which is pending in the court of Munsiff, Akhnoor to any other court of competent jurisdiction at Jammu. It is alleged by her that respondent taking advantage of her ignorance has fraudulently obtained her signatures on marriage documents and he had filed the petition under Section 9 of the Hindu Marriage Act and also a suit for declaration that she is his legally wedded wife. Both these petitions are pending adjudication in the court of learned Munsiff, Akhnoor.

(2.) It is also submitted by the petitioner that respondent has earlier approached the court of Special Municipal Mobile Magistrate, Jammu in an application under section 100 Cr.P.C. on 09.07.2015 for her production before the said court. However, her statement has already been recorded before the Special Mobile Magistrate Jammu on 20.07.2015, wherein she has stated that there is no marital relationship between the parties. It is also submitted by her that she is unable to contest this petition and civil suit at Akhnoor as she has old ailing parents, who cannot accompany her on each and every date of hearing to attend the court at Akhnoor. She is, thus, unable to pursue the same at Akhnoor whereas respondent would have no difficulty in pursuing the same outside the Akhnoor i.e at Jammu.

(3.) Respondent, despite service, has not filed any response. The Hon'ble Supreme Court in Anupama Patil v Nataraj Veeranagouda Patil, 2018 (15) SCC 354, while considering transfer of cases from one court to another, has held as under As is evident from the cases referred to above, the principle of law with regard to transfer of cases especially regarding matrimonial disputes is quite settled, where consistent opinion is that it is always the convenience of wife which has to be given due weightage for ordering the transfer of proceedings at or near the place where the wife is residing