Aarti Narula vs Sanjay Kumar Narula

Jitendra Chauhan, J.—The present application has been preferred by the applicant-wife u/s 24 of the Code of Civil Procedure, praying for the transfer of the petition titled as ''Sanjay Kumar Vs. Aarti Narula'', filed by the respondent u/s 9 of the Hindu Marriage Act, 1955 (for short ''the Act''), from the Court of learned Additional Civil Judge, Yamunanagar, to the Court of competent jurisdiction at Jalandhar.

Learned counsel for the applicant contends that the respondent is residing at Jalandhar and the petition u/s 9 of the Act has been filed at Yamunanagar, only with a view to harass the applicant. This fact is further substantiated from the perusal of the summons which were received by the respondent at Jalandhar.

The learned counsel for the respondent has vehemently opposed the prayer.

I have heard the learned counsel for the parties and perused the record.

Hon''ble the Supreme Court in Neelam Kanwar vs Devinder Singh Kanwar, 2001 (1) M.L.J. 509 (SC), has observed as under:-

...we are mindful of the fact that the petitioner is a lady and first respondent is a male, and, therefore, convenience-wise, a transfer to the place where the lady is residing, would be preferred by this Court unless it is shown that there are special reasons not to do so. No such special reason is shown.

Smt. Aarti, the applicant-wife, is residing at Jalandhar. The respondent-husband filed a petition u/s 9 of the Act, which is pending before learned Additional Civil Judge, Yamunanagar. It would certainly be difficult for the wife to attend the court proceedings at Yamunanagar, as there is nobody to accompany her.

Considering the fact that the applicant is a resident of Jalandhar, and primarily, the convenience of the wife is to be seen, therefore, in my opinion, the balance of convenience is in favour of the applicant-wife and against the respondent.

In view of the above, the instant transfer application is allowed and the petition u/s 9 of the Act titled as ''Aarti Narula Vs. Sanjay Kumar Narula'' is withdrawn from the Court of learned Additional Civil Judge, Yamunanagar, and is transferred to the Court of competent jurisdiction at Jalandhar. The entire record pertaining to the petition u/s 9 of the Act shall be sent by the trial Court at Yamuna Nagar, to the learned District Judge, Jalandhar, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction at Jalandhar.

The parties shall appear before the learned District Judge, Jalandhar, on__________.