Punjab-Haryana High Court
Simarjit Kaur vs Simarjit Kaur From The Court Of Learned ... on 3 May, 2013
Author: Jaswant Singh
Bench: Jaswant Singh
TA 509/2012 (O&M) #1#
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
TA 509/2012 (O&M)
Date of decision: 03.05.2013
Simarjit Kaur
.............Petitioner
v.
Ramesh Singh
.............Respondent
CORAM: HON'BLE MR.JUSTICE JASWANT SINGH
Present:- Mr. Dheeraj Narula,Advocate for the petitioner.
Mr. J.K. Singla, Advocate for the respondent.
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 Ramesh Singh Vs. Simarjit Kaur from the Court of learned Addl. Civil Judge (Sr. Division), Sardulgarh to the Court of competent jurisdiction at Ellenabad.
It is stated that the marriage between the parties was solemnized on 13.3.2011 at Dhani Santa Singh, Tehsil Ellenabad, Distrist Sirsa and out of the said wedlock no child was born. Due to dowry demand, it is alleged that the petitioner was turned out of the matrimonial home at Sardulgarh. Petitioner is stated to be residing separately at her parental home at Ellenabad, District Sirsa since 6.5.2012. It is stated that the petitioner has filed two proceedings TA 509/2012 (O&M) #2# namely (i) petition under Section 125 Cr.P.C and (ii) FiR under Sections 323/406/498-A IPC, which are pending at Ellenabad.
It is further stated that as a counter blast and in order to harass the petitioner, the respondent husband filed a petition under Section 9 of the Act which, as noticed above, is pending in the Court of learned Addl. Civil Judge (Sr. Division), Sardulgarh.
It is averred that the petitioner wife is a house wife, has no source of income and she is fully dependent upon her mother while the respondent is not paying even a single penny for the upkeep and maintenance of petitioner wife and in these circumstances, in view of there being no male member in the house, it is difficult for the petitioner to attend the proceedings initiated by the respondent husband at Sardulgarh, District Mansa, which is about 70 kms away from Ellenabad.
After hearing learned counsel for the parties and taking into account the fact that two proceedings are already pending at Ellenabad, 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 titled Ramesh Singh Vs. Simarjit Kaur from the Court of learned Addl. Civil Judge (Sr. Division), Sardulgarh is ordered to be withdrawn and transferred to the District Courts, Ellenabad for disposal in accordance with law from the stage of withdrawal.
May 03, 2013 ( JASWANT SINGH ) manoj JUDGE