Punjab-Haryana High Court
Smt. Indu vs Radhey Shyam on 20 March, 2013
Author: Jaswant Singh
Bench: Jaswant Singh
T.A.No.508 of 2012 (O&M) #1#
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
T.A.No.508 of 2012 (O&M)
Date of Decision: 20.3.2013
Smt. Indu
.....Petitioner(s)
Versus
Radhey Shyam
....Respondent(s)
CORAM: HON'BLE MR. JUSTICE JASWANT SINGH
Present: Mr. P.K. Ganga, Advocate for the petitioner.
None for the respondent-husband.
JASWANT SINGH, J (ORAL)
Petitioner wife has filed the present transfer application under Section 24 CPC for the transfer of petition filed by respondent husband under Section 9 of the Hindu Marriage Act,1955 (for short "the Act") for restitution of Conjugal Right, titled Radhey Shyam Vs. Smt. Indu from the Court of learned Civil Judge (Sr. Division), Jind to the Court of competent jurisdiction at Sirsa.
It is stated that the marriage between the parties was solemnized on 4.12.2007 and out of the said wedlock a female child was born on 9.3.2010. Due to dowry demand, it is alleged that the petitioner alongwith minor child was turned out of the matrimonial home at Jind and that she is now residing separately at her parental home at Sirsa. It is stated that the petitioner wife has filed two cases namely (1) petition under the Domestic Violence Act and (2) FIR under Sections 406/498-A IPC against the respondent, which are pending in the courts at Sirsa wherein the respondent has joined proceedings.
T.A.No.508 of 2012 (O&M) #2# It is alleged that as a counter blast and in order to harass the petitioner, the respondent husband filed a petition under Section 9 of the Hindu Marriage Act which, as noticed above, is pending in the Court of learned Civil Judge (Sr. Division), Jind.
It is averred that the petitioner wife is a house wife, has no source of income and she alongwith her minor child is fully dependent upon her parents and in these circumstances, it is difficult for the petitioner to attend the proceedings initiated by the respondent husband at Jind, which is about 170 kms away from Sirsa.
None has appeared on behalf of the respondent-husband to controvert the aforesaid facts. Thus, I find that the grounds set out in the petition are sufficient to allow the petition as it is well settled that in matrimonial proceedings initiated by the husband against wife, convenience of wife must be looked at. Reliance in this regard can be placed upon Sumita Singh v. Kumar Sanjay and another, AIR 2002 SC 396.
In view of the above, the present petition is allowed, the petition under Section 9 of the Act for restitution of Conjugal Right, titled Radhey Shyam Vs. Smt. Indu from the Court of learned Civil Judge (Sr. Division), Jind is ordered to be withdrawn and transferred to the District Courts, Sirsa for disposal in accordance with law from the stage of withdrawal.
March 20, 2013 ( JASWANT SINGH ) manoj JUDGE