TA 303/2012(O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH TA 303/2012(O&M) Date of decision:31/01/2013 Smt.Gurpreet Kaur .............Petitioner v.
Bhupinder Singh Parmar .............Respondent CORAM: HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.Pankaj Jain,Advocate for the petitioner None for the respondent Jaswant Singh,J(Oral).Petitioner wife has filed the present transfer application under Section 24 CPC for the transfer of petition under Section 9 of the Hindu Marriage Act,1955 (for short the Act) filed by respondent husband from Ludhiana to Gurgaon.
It is averred that the marriage between the parties was solemnized on 24.10.2010.
After the marriage the petitioner came to knot that the respondent had an extramarital affair and he used to come heavily drunk late at nights.
Besides, the petitioner was also maltreated and humiliated for not fulfilling their dowry demands.
Ultimately the petitioner was turned out of the matrimonial home on 20.3.2012 and since then she is residing at her matrimonial home at Gurgaon where she filed a complaint under the Protection of Women from Domestic Violence Act,2005 which is pending before the Illaqa Magistrate,Gurgaon.
The petitioner has also filed a petition under TA 303/2012(O&M) 2 Section 125 Cr.PC at Gurgaon.
It is alleged that respondent has been served in both the cases and is appearing before the Courts at Gurgaon.
It is alleged that in order to harass the petitioner, not respondent has filed the aforesaid petition under Section 9 of the Act at Ludhiana, which is at a distance of about 400 kilometers and the petitioner neither possess sufficient means to travel such a distance not is it safe to do so.
Hence the present prayer for transfer.
As per office report, respondent has been served.
Despite service none has put in appearance on his behalf.
After hearing the learned counsel for the petitioner and perusing the averments made in the petition, 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 filed by respondent husband is transferred from the Court of Ms.Monika Chauhan, Civil Judge (Jr.Div.) Ludhiana to a Court of competent jurisdiction at Gurgaon.
31.01.2013.
(Jaswant Singh) joshi Judge