Raman Devi vs Lekh Raj

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 Lekh Raj Vs. Raman Devi from the Court of learned Addl. Civil Judge (Sr. Division), Mukerian to the Court of competent jurisdiction at Ludhiana. It is stated that the marriage between the parties was solemnized on 10.12.1989 at Ludhiana and out of the said wedlock, three children i.e. two daughters and a son were born. Due to matrimonial dispute, it is alleged that the petitioner alongwith minor children was turned out of the matrimonial home at Village Baring, P.O. Beh Khushala, Tehsil Mukerian, District Hoshiarpur. The petitioner wife along with the minor children is stated to be residing separately at her parental home at Ludhiana since 2002 where she has filed a 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), Mukerian.

It is averred that the petitioner wife is a house wife, has no source of income and she alongwith her minor children 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 children and in these circumstances, it is difficult for the petitioner to attend the proceedings initiated by the respondent husband at Mukerian, which is about 130 kms away from Ludhiana.

None has appeared on behalf of the respondent-husband despite service to controvert the aforesaid facts. Thus, 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 Lekh Raj Vs. Raman Devi from the Court of learned Addl. Civil Judge (Sr. Division), Mukerian is ordered to be withdrawn and transferred to the District Courts, Ludhiana for disposal in accordance with law from the stage of withdrawal.