Neelam vs Balbir Singh

Satyen Vaidya, J

By way of this petition, a prayer has been made for transfer of the petition filed by the respondent against the petitioner before the Family Court, Bilaspur, under Section 9 of the Hindu Marriage Act, to the Family Court, Solan, Circuit at Arki.

It is contended on behalf of the petitioner that she has no independent source of income and is totally dependent on her father, who is also a poor person. She is having the custody of three years' old child and in such circumstances, it will cause grave hardship to her in case she has to contest the petition at Bilaspur.

On the other hand, the prayer has been opposed on the ground that the petitioner herself is wrong doer and has left the company of the respondent without any justifiable cause and it is such conduct of the petitioner that has forced the petitioner to file the petition for restitution of conjugal rights.

In a transfer petition under Section 24 of the Code of Civil Procedure, this Court will not enter into the arena of merits of the respective contentions of the parties.

There is no denial that the petitioner has no source of income and is also maintaining a small child of three years. In these circumstances, it definitely will be harsh for the petitioner to contest the petition filed by the respondent by visiting the Family Court, Bilaspur, time and again. No prejudice shall be caused to the respondent, in case, the matter is transferred as prayed in the instant petition.

Accordingly, the instant petition is allowed and the H.M.A. Petition No.159 of 2022, pending before the learned Principal Judge, Family Court, Bilaspur, is ordered to be transferred to the Family Court, Solan, Circuit at Arki, District Solan, H.P. Records be transmitted immediately. Pending applications, if any, also stand disposed of.