TA 573/2012 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH TA 573/2012 Date of decision:14/05/2013 Rekha .............Petitioner v.
Varinder Kumar .............Respondent CORAM: HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.RK Dadwal,Advocate for the petitioner.
Mr.Deepak Verma,Advocate for respondent.
Jaswant Singh,J.
Petitioner wife has filed the instant application under Section 24 CPC seeking transfer of petition under Section 9 of the Hindu Marriage Act, filed by the respondent husband from the Court of Additional Civil Judge (Senior Division).Garhshankar to the Court of competent jurisdiction at Pehowa.
The marriage between the parties was solemnised on 4.2.2006.
The parties cohabited as husband and wife in their matrimonial home at Garhshankar, District Hoshiarpur and out of the said wedlock a male child was born on 27.4.2008.
Due to harassment for dowry, the wife is stated to have TA 573/2012 2 lodged an FIR under Sections 498-A/420/406 IPC at PS Pehowa, District Kurukshetra as also an application under Section 125 Cr.PC for maintenance at Pehowa, where she is residing at her parental home since 2007 and as a counter blast the husband filed a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act at Garhshankar.
The wife had earlier filed a transfer application before this Court seeking the transfer of Section 9 petition filed by the petitioner/husband, which was allowed and the Section 9 petition was transferred before the Courts at Pehowa.
It is further stated that the husband has withdrawn his section 9 petition.
It is further averred that after the withdrawal of earlier Section 9 petition filed by the husband, in view of the pendency of the criminal proceedings under Sections 406/498-A/420 IPC and the proceedings under Section 125 Cr.PC as well as complaint under the Protection of Women from Domestic Violence Act,2005, at Pehowa, husband has filed a second petition under Section 9 of the Hindu Marriage Act at Garhshankar to harass the wife.
The ground for transfer sought is that the wife does not have sufficient means and has to maintain a minot son and thus it is extremely inconvenient for her to travel 200 kilometers from Pehowa to Garhshankar by changing various buses to pursue the aforesaid section 9 petition, whereas no prejudice would be caused to the husband who is already facing three proceedings at Pehowa.
TA 573/2012 3 Upon notice, the counsel for the respondent husband has prayed for referring the matter to the Mediation Centre of this Court in order to arrive at an amicable settlement.
The Mediator vide his report dated 1.3.2013 has stated that the wife had made an offer for accepting an amount of Rs.8 lacs as settlement of all claims with decree of divorce with mutual consent but the said offer was not accepted by the respondent/husband hence the matter was referred back to this Court for disposal on merits.
At the time of hearing today, learned counsel for the respondent has filed a reply which is taken on record and the copy of the same furnished to the counsel for the petitioner.
I have heard the learned counsel for the parties and gone through the averments made in the petition as well as in the written statement.
Though the learned counsel for the respondent husband has vehemently opposed the prayer made in the present petition, however, I find that the aforesaid 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 Hindu Marriage Act titled Varinder TA 573/2012 4 Kumar v Rekha, pending in the court of Additional Civil Judge (Senior Division) Garhshankar is ordered to be withdrawn and transferred to the Court of competent jurisdiction at Pehowa for disposal in accordance with law from the stage of withdrawal.
14.05.2013.
(Jaswant Singh) joshi Judge