Pinky vs Gobind Singh

Rameshwar Singh Malik, J. (Oral) - Applicant-wife, by way of instant transfer application 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, from Sultanpur Lodhi, District Kapurthala, to Ludhiana.

Notice of motion was issued.

Heard learned counsel for the parties.

It has gone undisputed before this Court that applicant is living with her parents at Ludhiana. Applicant-wife is not having any regular source of income. The respondent husband is not paying any amount of maintenance to the applicant-wife. Distance between Sultanpur Lodhi and Ludhiana is about 80 Kilometers.

In view of the above-said undisputed fact situation obtaining in the present case, this Court is of the considered opinion that instant transfer application deserves to be allowed. It is so said because financial status of the wife and distance between two places, besides her convenience, 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.

No other argument was raised.

Considering the peculiar facts and circumstances of the case noted above, coupled with the reasons aforementioned, this Court is of the considered view that instant transfer application deserves to be accepted and the same is hereby allowed. Petition under Section 9 of the HM Act filed by the respondent husband bearing HMA 21/2014 (Gobind Singh v. Pinky) is ordered to be transferred from Sultanpur Lodhi, District Kapurthala, to Ludhiana.

Accordingly, the learned District Judge, Kapurthala, is directed to send complete record of the above-said petition to the learned District Judge, Ludhiana, 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, Ludhiana, is also directed either to decide the case himself or assign it 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.