Kamaljit Kaur vs Dharminder Kumar Jindal

Rameshwar Singh Malik, J.(Oral) - Applicant, by way of these four transfer applications under Section 24 of the Code of Civil Procedure, 1908, seeks transfer of a petition under Section 9 of the Hindu Marriage Act, 1955, (''HM Act'' for short), filed by the respondent-husband as well as three civil suits for recovery on account of damages for defamation, filed by her husband as well as his relatives, from Faridkot to Shaheed Bhagat Singh Nagar (Nawanshahr).

Notice of motion was issued.

Separate replies filed to each transfer application, in the Court today, are taken on record and copies thereof have been supplied to the learned counsel for the applicant.

Heard learned counsel for the parties.

It has gone undisputed before this Court that applicant is working near Shaheed Bhagat Singh Nagar (Nawanshahr). She is staying with her parents at Shaheed Bhagat Singh Nagar (Nawanshahr). Distance between Faridkot and Shaheed Bhagat Singh Nagar (Nawanshahr) is more than 150 Kilometers. Other litigations, at the instance of the applicant-wife, are also pending at Shaheed Bhagat Singh Nagar (Nawanshahr).

In view of the above said undisputed fact situation obtaining in the present case, this Court is of the considered opinion that all these transfer applications deserve to be allowed. It is so said because pendency of other litigations between the parties at particular place, Shaheed Bhagat Singh Nagar (Nawanshahr) in these cases, and distance between two places, besides the convenience of wife, are some of the relevant considerations for deciding the transfer application like the present one.

The above said view taken by this Court also finds support from the earlier order dated 16.03.2016 passed by this Court in TA No.945 of 2015 (Sushma and others v. Kapil @ Sahil Bansal), which, in turn, was based on the judgments of the Hon''ble Supreme Court, as well as different High Courts, including this Court.

Considering the peculiar facts and circumstances of the case noted above, coupled with the reasons aforementioned, this Court is of the considered view that all these four transfer applications deserve to be accepted and the same is hereby allowed. Petition under Section 9 of the HM Act filed by the respondent-husband titled as Dharminder Kumar Jindal v. Kamaljit Kaur and three civil suits titled as Vikramjeet Jindal v. Kamaljit Kaur, Jagdish Kumar Jindal v. Kamaljit Kaur and Sanjeev Kumar Jindal v. Kamaljit Kaur, are ordered to be transferred from Faridkot to Shaheed Bhagat Singh Nagar (Nawanshahr).

Accordingly, the learned District Judge, Faridkot, is directed to send complete record of the above said cases to the learned District Judge, Shaheed Bhagat Singh Nagar (Nawanshahr), at an early date but in any case within a period of one month from the date of receipt of certified copy of this order.

The learned District Judge, Shaheed Bhagat Singh Nagar (Nawanshahr) is also directed either to decide the above said petition under Section 9 of the HM Act himself or assign it to the learned court of competent jurisdiction. He is further directed to assign the above said civil suits to the learned court of competent jurisdiction, for an early decision, in accordance with law.

With the above said observations made and directions issued, present transfer application stands disposed of, however, with no order as to costs.