Smt. Ramanjot Kaur vs Mandeep Singh

Jaswant Singh, J.—Petitioner wife is seeking transfer of proceedings for restitution of conjugal rights filed by respondent husband from the Court of learned Additional Civil Judge, Dasuya to a Court of competent jurisdiction at Jalandhar. It is averred in the petition that marriage between the parties was solemnised on 29.4.2009 at Jalandhar. The parties cohabited as husband and wife at Tanda and out of their wedlock two sons were born. It is alleged that due to torture for dowry she lodged FIR No. 69 dated 22.3.2013 under Sections 323, 406, 498-A, 506, 34 IPC at PS Basti Bawa Khel, Jalandhar against her in-laws. Besides that the petitioner wife has also filed a petition u/s 125 Cr.P.C. in the Court of JMIC, Jalandhar. Since 19.3.2013 the petitioner wife is residing with her parents and two infant sons at Jalandhar.

It is averred that now respondent husband has filed a petition u/s 9 of the Hindu Marriage Act, 1955 in the Court of Additional Civil Judge (Senior Division) Dasuya in which petitioner has already been served for 24.8.2013. Transfer of these proceedings from Dasuya to Jalandhar has been sought on the grounds that (i) petitioner is facing financial hardship being dependent on her parents; (ii) it is difficult for her to travel a distance of 55-60 kilometers alongwith two minor sons aged 3 years and 16 months respectively; and (ii) respondent husband is already facing two proceedings initiated by her at Jalandhar.

After hearing learned counsel for the parties and taking into account the fact that two cases are already pending at Jalandhar, 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 Hindu Marriage Act, 1955 titled Mandeep Singh v. Ramanjot Kaur pending in the Court of Additional Civil Judge (Senior Division) Dasuya is withdrawn and transferred to District Courts, Jalandhar for disposal in accordance with law from the stage of withdrawal.