Manot Kumar TA 546/2012 (O&M) #1# 2013.08.13 08:54 I attest to the accuracy and integrity of this document High Court Chandigarh IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH TA 546/2012 (O&M) Date of decision:
30. 7.2013 Mandeep Kaur .............Petitioner v.
Parminder Singh .............Respondent CORAM: HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.Sandeep Arora, Advocate for the petitioner.
Mr.J.S.Cooner, Advocate for the respondent.
Jaswant Singh,J(Oral).Petitioner wife has filed the present transfer application under Section 24 CPC for the transfer of petition filed by respondent husband under Section 9 of the Hindu Marriage Act,1955 (for short “the Act”.) for restitution of Conjugal Right, titled Parminder Singh versus Mandeep Kaur from the courts at Mukerian to the court of competent jurisdiction at Jalandhar.
It is stated that the marriage between the parties was solemnized on 10.10.2010 at Jalandhar.
Out of the said wedlock, no child was born.
Due to dowry demand, it is alleged that the petitioner was turned out of the matrimonial home at Mukerian, District Hoshiarpur.
It is alleged that the petitioner is residing separately at her parental home at Jalandhar, where she has filed two proceedings namely (i) FIR under Sections 406/498-A IPC and (ii) petition under TA 546/2012 (O&M) #2# Section 12 of the Protection of Women from Domestic Violence Act, 2005.
It is further stated that in order to harass the petitioner-wife, the respondent husband filed a petition under Section 9 of the Act which, as noticed above, is pending in the Court of learned Addl.
Civil Judge at Mukerian.
It is stated that the petitioner is employed as ETT Teacher serving in a Govt School at Jalandhar and in these circumstances, it is difficult for her to attend the proceedings initiated by the respondent husband at Mukerian, District Hoshiarpur which is about 60 kms away from 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 v.
Kumar Sanjay and another, AIR 200.SC 396.
In view of the above, the present petition is allowed, the petition under Section 9 of the Act titled Parminder Singh versus Mandeep Kaur from the courts at Mukerian, District Hoshiarpur is ordered to be withdrawn and transferred to the District Courts, Jalandhar for disposal in accordance with law from the stage of withdrawal.
July 30, 2013 ( JASWANT SINGH ) manot JUDGE