Pushpa vs Bansi Lal

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 Bansi Lal Vs. Pushpa from the Court of learned Addl. Civil Judge (Sr. Division), Abohar, District Fazilka to the Court of competent jurisdiction at Mansa. It is stated that the marriage between the parties was solemnized on 30.10.2009 at Mansa and out of the said wedlock a male child was born. Due to dowry demand, it is alleged that the petitioner alongwith minor child was turned out of the matrimonial home at Fazilka and now she along with minor child is stated to be residing separately at her parental home at Mansa where she has filed two proceedings, namely, (i) complaint under Sections 406 /498-A IPC and (ii) petition u/s 125 Cr. P.C.

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), Abohar, District Fazilka.

It is averred that the petitioner wife is a house wife, has no source of income and she 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 Abohar, District Fazilka, which is about 100 kms away from Mansa.

After hearing learned counsel for the parties and taking into account the fact that two proceedings are already pending at Mansa, I find that the grounds set out in the petition are sufficient to allow the petition as it is well settled that in matrimonial proceedings initiated by the husband against wife, convenience of wife must be looked at. Reliance in this regard can be placed upon Sumita Singh Vs. Kumar Sanjay and Another, . In view of the above, the present petition is allowed, the petition u/s 9 of the Act titled Bansi Lal Vs. Pushpa from the Court of learned Addl. Civil Judge (Sr. Division), Abohar, District Fazilka is ordered to be withdrawn and transferred to the District Courts, Mansa for disposal in accordance with law from the stage of withdrawal.