T.A.No.643 of 2012 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH T.A.No.643 of 2012 Date of Decision:
14. 2.2013 Seema @ Simran .....Appellant(s) Versus Gurdas Monga ....Respondent(s) CORAM: HON'BLE Mr.JUSTICE JASWANT SINGH Present: Mr.Ashok Kumar Khunger, Advocate for the petitioner-wife.
None for the respondent-husband.
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 Gurdas Monga versus Simran from the Court of learned Civil Judge (Sr.Division).Mansa to the Court of competent jurisdiction at Bathinda.
It is stated that the marriage between the parties was solemnized on 31.3.2010 at Maur Mandi, District Bathinda and out of the said wedlock a male child was born in August 2011.
Due to dowry demand, it is alleged that the petitioner alongwith minot child was turned out of the matrimonial home and they are stated to be residing separately since August 2012 at Bathinda.
It is averred that the petitioner wife has filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005, which is pending in the court of learned JMIC, Bathinda and the respondent has already caused appearance in the said proceedings.
It is averred 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 at Mansa.
It is averred that the petitioner wife has no independent T.A.No.643 of 2012 #2# source of income and she alongwith her minot child is fully dependent upon her parents.
It is further averred that the distance between Mansa and Bathinda is about 55 to 60 kms and in these circumstances, it is difficult for the petitioner to attend the proceedings initiated by the respondent husband at Mansa.
Respondent-husband stood duly served on the last date but none appeared on that date and the position is the same today.
After hearing learned counsel for the petitioner and taking into account the fact that the petition filed by the petitioner-wife under domestic violence Act is already pending at Bathinda, 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 Gurdas Monga versus Simran from the Court of learned Civil Judge (Sr.Division).Mansa is ordered to be withdrawn and transferred to the District Courts, Bathinda for disposal in accordance with law from the stage of withdrawal.
February 14, 2013 ( JASWANT SINGH ) manot JUDGE