Jaswinder Kaur vs Nirmal 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 Nirmal Singh Vs. Jaswinder Kaur from the Court of learned Addl. Civil Judge (Sr. Division), Budhlada, District Mansa to the Court of competent jurisdiction at Sangrur. It is stated that the marriage between the parties was solemnized 5 years back at Village Bhullerheri, Tehsil Dhuri, District Sangrur and out of the said wedlock one son was born. Due to demand of dowry, it is alleged that the petitioner alongwith minor child was turned out of the matrimonial home at Budhlada, District Mansa in September 2011. Petitioner along with minor child is stated to be residing separately at her parental home at Village Bhullerheri, P.S. Dhuri, District Sangrur.

Thereafter, the respondent husband filed a petition u/s 9 of the Act which, as noticed above, is pending in the Court of learned Addl. Civil Judge (Sr. Division), Budhlada, District Mansa.

It is averred that the petitioner wife 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 Budhlada, District Mansa, which is far away from Sangrur.

At the time of hearing learned counsel for the respondent states that he has no objection if the proceedings are transferred to Sangrur. In view of the aforesaid agreed stand, the present petition is allowed, the petition u/s 9 of the Act titled Nirmal Singh Vs. Jaswinder Kaur from the Court of learned Addl. Civil Judge (Sr. Division), Budhlada, District Mansa is ordered to be withdrawn and transferred to the District Courts, Sangrur for disposal in accordance with law from the stage of withdrawal.