Smt. Manju SharmA. Vs. Sh. Ravinder SharmA. - Court Judgment

Excerpt:
.....company is eligible for deferral of sales tax only on the increased volume of production/sale", learned counsel submitted that the slash in between the words production and sale shows that till both the bpv and bsv were achieved, the first respondent could not claim the benefit of deferral of sales tax scheme. it was contended that if bsv is achieved earlier and bpv is reached later in the financial year, the benefit of sales tax deferral should date back to the earlier date of achieving bsv and similarly if the bpv is achieved earlier and bsv is achieved later, it should date back to the earlier date of achieving bpv and only then the object of deferral scheme can be achieved. "5.3. the company is eligible for deferral of sales tax only on the increased volume of production/sale. the..........court of learned additional district judge, ambala, and is transferred to the court of competent jurisdiction at ludhiana. the entire record pertaining to the petition under section 9 of the act shall be sent by the trial court at ambala to the learned district judge, ludhiana, within three weeks, who will either himself dispose it of or entrust it to any other court of competent jurisdiction.8. the parties shall appear before the court of learned district judge, ludhiana, on 23.04.2011.

Judgment:
1. Smt. Manju Sharma, the applicant-wife has preferred the instant application under Section 24 of the Code of Civil Procedure, praying for transfer of the petition under Section 9 of the Hindu Marriage Act, 1955 (for short `the Act'), titled as 'Ravinder Sharma v. Manju Sharma', filed by the respondent, from the Court of learned Additional District Judge, Ambala, to the Court of competent jurisdiction at Ludhiana.

2. As per the averments, the applicant has been thrown out of her matrimonial home. Two petitions, viz., petition under Section 125 Cr.P.C. and petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005, filed by the applicant are pending adjudication at Ludhiana. The respondent is appearing in those petitions. It is further averred that except the widowed mother, who is more than 70 years of age, and the brother, who is doing small private accountancy work, there is nobody else to support the applicant.

3. The respondent, Shri Ravinder Sharma, who is present in person, has vehemently opposed the prayer.

4. As the respondent is already appearing in the two petitions filed by the applicant at Ludhiana, I feel that no prejudice is going to be caused to the respondent in case the present application is allowed and the petition under Section 9 of the Act filed by the respondent is also shifted to Ludhiana. Moroever, the petitions filed by the applicant are prior in time.

5. In the matrimonial disputes, the convenience of the wife is to be seen. Hon'ble the Supreme Court in Neelam Kanwar vs Devinder Singh Kanwar, 2001(1) M.L.J. 509 (SC), has observed as under:-

"We are mindful of the fact that the petitioner is a lady and first respondent is a male, and, therefore, for convenience of wife, a transfer to the place where the lady is residing, would be preferred by this Court unless, it is shown that there are special reason not to do so. No special reason is shown."

6. Considering the fact that the applicant is a resident of Ludhiana and primarily, the convenience of the wife is to be seen, therefore, in my opinion, the balance of convenience is in favour of the applicant-wife and against the respondent. Accordingly, the petition filed by the respondent titled as 'Ravinder Sharma v. Manju Sharma' under Section 9 of the Act, pending in the Court of learned Additional District Judge, Ambala, deserves to be transferred to Ludhiana.

7. In view of the above, the instant transfer application is allowed and the petition under Section 9 of the Act titled as 'Ravinder Sharma v. Manju Sharma' is withdrawn from the Court of learned Additional District Judge, Ambala, and is transferred to the Court of competent jurisdiction at Ludhiana. The entire record pertaining to the petition under Section 9 of the Act shall be sent by the trial Court at Ambala to the learned District Judge, Ludhiana, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction.

8. The parties shall appear before the Court of learned District Judge, Ludhiana, on 23.04.2011.