Nirdeep Kaur vs Balkar Singh

Jitendra Chauhan, J.—Smt. Nirdeep Kaur, the applicant wife has preferred the instant application u/s 24 of the Code of Civil Procedure, praying for transfer of the petition titled as ''Balkar Singh v. Nirdeep Kaur'', filed by the Respondent u/s 9 of the Hindu Marriage Act, 1955 (for short `the Act''), from the Court of learned Additional Civil Judge (Sr. Divn.), Hoshiarpur, to the Court of competent jurisdiction at Jalandhar.

Learned Counsel for the applicant contends that the applicant filed petition u/s 125 Cr.P.C., which is pending adjudication before the Court of learned JMIC, Jalandhar, and as a counter-blast, the Respondent has filed the petition u/s 9 of the Act.

Learned Counsel for the applicant further contends that the applicant is a resident of Jalandhar and the purpose of filing the petition u/s 9 of the Act is only to harass the applicant.

Learned Counsel for the Respondent has vehemently opposed the prayer.

I have heard the learned Counsel for the parties.

Hon''ble the Supreme Court in Neelam Kanwar v. Devinder Singh Kanwar 2001(1) M.L.J. 509 (SC), has observed as under:

We are mindful of the fact that the Petitioner is a lady and first Respondent is a male, and, therefore, (for) convenience of wife, a transfer to the place where the lady is residing, would be preferred by this Court unless, it is shown that there are special reason not to do so. No special reason is shown.

The applicant-wife is residing at Jalandhar. The Respondent-husband filed a petition u/s 9 of the Act, which is pending before learned Additional Civl Judge (Sr. Divn.), Hoshiarpur. It would certainly be difficult for the wife, living at the mercy of her brother, having no source of income and saddled with the responsibility of raising her minor son, to attend the court proceedings at Hoshiarpur.

Considering the fact that the applicant is a resident of TA No. 103 of 2011 3 Jalandhar and primarily, the convenience of the wife is to be seen, therefore, in my opinion, the balance of convenience is in favour of the applicant-wife and against the Respondent. Accordingly, the petition filed by the Respondent titled as ''Balkar Singh v. Nirdeep Kaur'' u/s 9 of the Act, pending in the Court of learned Additional Civil Judge (Sr. Divn.), Hoshiarpur, deserves to be transferred to Jalandhar.

In view of the above, the instant transfer application is allowed and the petition u/s 9 of the Act titled as ''Balkar Singh v. Nirdeep Kaur'' is withdrawn from the Court of learned Additional Civil Judge (Sr. Divn.), Hoshiarpur, and is transferred to the Court of competent jurisdiction at Jalandhar. The entire record pertaining to the petition u/s 9 of the Act shall be sent by the trial Court at Hoshiarpur to the learned District Judge, Jalandhar, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction.

The parties shall appear before the Court of learned District Judge, Jalandhar, on 30.04.2011.