Sandeep Kaur vs Mandeep 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 Mandeep Singh Vs. Sandeep Kaur from the Court of learned Addl. Civil Judge (Sr. Division), Dhuri to any Court of competent jurisdiction at Samana, District Patiala. It is stated that the marriage between the parties was solemnized on 10.2.2012 and out of the said wedlock a female child was born on 21.3.2013. Due to dowry demand, it is alleged that the petitioner alongwith minor child was turned out of the matrimonial home at Sangrur in the last week of September 2012 and now she along with minor child is stated to be residing separately at her parental home at Samana, District Patiala, where she has already filed a petition u/s 125 Cr. P.C.

Thereafter, in order to harass the petitioner-wife and as a counter blast, 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), Dhuri.

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 Dhuri, which is about 60 kms away from Samana, District Patiala.

None has put in appearance for the respondent-husband despite service.

After hearing learned counsel for the petitioner, 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 Mandeep Singh Vs. Sandeep Kaur from the Court of learned Addl. Civil Judge (Sr. Division), Dhuri is ordered to be withdrawn and transferred to the District Courts, Samana, District Patiala for disposal in accordance with law from the stage of withdrawal.