Gurmeet Kaur vs Simranjit Singh

Jaswant Singh, J.—Petitioner wife has filed the present transfer application u/s 24 CPC for the transfer of petition filed by respondent husband u/s 9 of the Hindu Marriage Act, 1955 (for short "the Act") for restitution of Conjugal Right, titled Simranjit Singh Vs. Gurmeet Kaur from the District Courts, Jalandhar to the Court of competent jurisdiction at Samrala, District Ludhiana. It is stated that the marriage between the parties was solemnized on 8.5.2011 at Machiwara, District Ludhiana and out of the said wedlock a female child was born on 27.1.2012. Due to dowry demand, it is alleged that the petitioner alongwith minor child was turned out of the matrimonial home at Jalandhar. Petitioner along with her minor child is stated to be residing separately at Samrala, District Ludhiana. She has filed a petition u/s 125 Cr.P.C., which is pending at Samrala.

It is stated that in order to harass the petitioner-wife, the respondent husband filed a petition u/s 9 of the Act which, as noticed above, is pending in the Court at Jalandhar.

It is averred that the petitioner wife 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 Jalandhar, which is about 100 kms away from Samrala.

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 Vs. Kumar Sanjay and Another, . In view of the above, the present petition is allowed, the petition u/s 9 of the Act titled Simranjit Singh Vs. Gurmeet Kaur from the District Courts, Jalandhar is ordered to be withdrawn and transferred to the District Courts, Samrala, District Ludhiana for disposal in accordance with law from the stage of withdrawal.