Harjit Kaur @ Harjot Kaur vs Arvinder Singh

Jaswant Singh, J.—Petitioner wife is seeking the transfer of petition for restitution of conjugal rights filed by the respondent-husband u/s 9 of the Hindu Marriage Act, 1955 titled as "Arvinder Singh Vs. Harjit Kaur" from the court of learned Additional Civil Judge (Sr. Divn.), Nakodar, Jalandhar to a court of competent jurisdiction at Chandigarh. It is averred that marriage between the parties was solemnized on 24.11.2002 at Ludhiana and the parties cohabited as husband and wife at the matrimonial home at Nakodar, District Jalandhar. Out of the wedlock a girl child was born on 101.10.2003 and a male child was born on 19.12.2004. Due to matrimonial dispute, the petitioner-wife along with her minor son is residing separately at her parental home at Chandigarh since August 2011. The reason given for seeking transfer is that the applicant-wife is a poor lady and it is difficult for her to travel, around 150 Kms distance from Chandigarh to Nakodar to pursue her case, more so in the absence of any maintenance being paid by the respondent-husband.

This Court while issuing notice of motion on 22.5.2012 had directed the parties to appear before the Mediation and Conciliation Centre of this Court.

Since then the respondent-husband has evaded service inspite of the best efforts by the petitioner-wife. The mediator also in his proceedings dated 6.8.2012 has noticed that the mediator had talked to the husband on his mobile and asked him to be present for mediation on the date fixed, however, the husband had refused to furnish his address. It is further apparent that the respondent-husband chose to evade the mediation proceedings as also service through the process of this Court. In view of the fact that the mediator had duly informed the respondent-husband on his mobile, this Court is of the opinion that the service upon the respondent-husband is deemed to be complete. To date none has caused appearance on his behalf.

However, 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 aforesaid reasons, the present petition is allowed, the petition u/s 9 of the Hindu Marriage Act, 1955 titled as "Arvinder Singh Vs. Harjit Kaur" pending in the Court at Nakoda, Jalandhar is ordered to be withdrawn and transferred to courts of competent jurisdiction at Chandigarh for disposal in accordance with law from the stage of withdrawal.