Punjab-Haryana High Court
Surjeet Kaur vs Surjit Kaur From The Court Of Learned ... on 17 July, 2013
Author: Jaswant Singh
Bench: Jaswant Singh
Manoj Kumar
TA No.1 of 2013 (O&M) #1#2013.07.23 09:04
I attest to the accuracy and
integrity of this document
High Court Chandigarh
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
TA No.1 of 2013 (O&M)
Date of decision: 17.7.2013
Surjeet Kaur
.............Petitioner
v.
Jatinder Kumar
.............Respondent
CORAM: HON'BLE MR.JUSTICE JASWANT SINGH
Present:- Mr. Rajeev K. Kapila, Advocate for the petitioner.
Mr. G.S. Dhaliwal, 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 Jatinder Kumar Vs. Surjit Kaur from the Court of learned Addl. Civil Judge (Sr. Division), Kharar to any court of competent jurisdiction at Hoshiarpur.
It is stated that the marriage between the parties was solemnized on 21.6.2009 at Badwal Palace, Village Allowal, District Hoshiarpur and out of the said wedlock a male child was born on 6.6.2010. Due to dowry demand, it is alleged that the petitioner alongwith minor child was turned out of the matrimonial home at Kharar. Petitioner along with the minor child is stated to be residing separately at her parental home at Hoshiarpur. It is stated that the petitioner has filed a petition under the Domestic Violence Act, which TA No.1 of 2013 (O&M) #2# is pending in the court at Hoshiarpur.
Thereafter, 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), Kharar.
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 while the respondent is not paying even a single penny for the upkeep and maintenance of petitioner wife and minor child and in these circumstances, it is difficult for the petitioner to attend the proceedings initiated by the respondent husband at Kharar which is about 200 kms away from Hoshiarpur.
This Court had referred the parties to Mediation Centre of this Court and a settlement had been arrived at.
At the time of hearing, it is stated that the husband has started misbehaving the wife resulting into the wife going back to her parental home at Hoshiarpur along with the minor child.
After hearing learned counsel for the parties, 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 Jatinder Kumar Vs. Surjit Kaur from the Court of learned Addl. Civil Judge (Sr. Division), Kharar is ordered to be withdrawn and transferred to the District Courts, Hoshiarpur for disposal in accordance with law from the stage of withdrawal.
July 17, 2013 ( JASWANT SINGH ) manoj JUDGE