Raminder Kaur vs Manpreet Singh

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 Manpreet Singh Vs. Raminder Kaur from the Court of learned Addl. District Judge, Tarn Taran to the Court of competent jurisdiction at Ajnala, District Amritsar. It is stated that the marriage between the parties was solemnized on 10.12.2011 at Amritsar and the parties cohabited as husband and wife in Village Nurpur, Tehsil and District Tarn Taran. No child was born out of the said wedlock. Due to the matrimonial dispute, petitioner-wife was turned out of the matrimonial home at Tarn Taran on 29.2.2012 and since then she is residing at her parental home at Village Rajasansi, Tehsil Ajnala, District Amritsar, where she has also initiated criminal proceedings under Sections 406/ 498-A IPC and a petition for maintenance u/s 125 Cr.P.C.

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 Tarn Taran which is about 40 kms away from Ajnala.

While issuing notice of motion, parties were directed to be present in Court in compliance of which, the wife has presented herself on two occasions whereas the husband has abstained from appearance although the learned counsel has given certain excuses.

After hearing learned counsel for the parties and taking into account the fact that two cases are already pending at Ajnala, 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 Manpreet Singh Vs. Raminder Kaur from the Court of learned Addl. District Judge, Tarn Taran is ordered to be withdrawn and transferred to the District Courts, Ajnala, District Amritsar for disposal in accordance with law from the stage of withdrawal.