Full Judgment
T.A.No.106 of 2013 (O&M) #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH T.A.No.106 of 2013 (O&M) Date of Decision:
17. 5.2013 Goldy .....Petitioner(s) Versus Inderjit Singh ....Respondent(s) CORAM: HON'BLE Mr.JUSTICE JASWANT SINGH Present: Mr.J.S.Dadwal, Advocate for the petitioner.
Mr.Nimanyu Gautam, 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 13 of the Hindu Marriage Act,1955 (for short “the Act”.) , titled Inderjit Singh versus Goldy from the Court of learned Addl.
District Judge, Ferozepur to the Court of competent jurisdiction at Ludhiana.
It is stated that the marriage between the parties was solemnized on 11.5.1997 at Kotkapura and out of their wedlock, a girl child was born on 23.6.2002, who is stated to be residing with the respondent-husband.
Due to dowry demand, it is alleged that the petitioner was turned out of the matrimonial home at Ferozepur.
Petitioner is stated to be residing separately at her parental home at Ludhiana.
It is stated that the petitioner has filed two proceedings namely (i) petition under the Domestic Violence Act and (ii) petition for maintenance, which are pending at Ludhiana.
It is further stated that the suit for injunction filed by the husband seeking to restrain the wife from taking the custody of their daughter has already been transferred to Ludhiana vide order dated 5.4.2013 passed by this Court.
T.A.No.106 of 2013 (O&M) #2# It is further stated that the respondent husband filed a petition under Section 13 of the Act which, as noticed above, is pending in the Court of learned Addl.
District Judge, Ferozepur.
It is averred that the petitioner wife is a house wife, has no source of income and 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 in these circumstances, it is difficult for the petitioner to attend the proceedings initiated by the respondent husband at Ferozepur, which is about 140 kms away from Ludhiana.
After hearing learned counsel for the parties, 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 13 of the Act, titled Inderjit Singh versus Goldy from the Court of learned Addl.
District Judge, Ferozepur is ordered to be withdrawn and transferred to the District Courts, Ludhiana for disposal in accordance with law from the stage of withdrawal.
May 17, 2013 ( JASWANT SINGH ) manot JUDGE