HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. CTA NO. 37 OF 201.Bindu Bala Petitioners Satvir Singh Respondent !Mr. J.
P. Gandhi, Advocate ^ Honble Mr. Justice M. M. Kumar, Chief Justice. Date:
08. 03.2013 :
: M. M. Kumar, CJ 1.Mrs. Bindu Bala, wife of the respondent has approached this Court with a prayer that the proceedings initiated by her husband under Section 9 of the Hindu Marriage Act, 1955 in the Court of Additional District Judge, Udhampur may be transferred to a Court of competent jurisdiction at Jammu.
2. It has been pointed out that the marriage between the parties was solemnized on 18.07.2008 according to the Hindu rites and customs at Shastri Nagar, Jammu. They lived together for sometime and soon thereafter the differences developed. There are allegations of demand of dowry, harassment by 2 beating of the petitioner by her husband. There are further allegations that the husband-respondent is a daily drinker and this habit vitiates the family atmosphere of the house because after consuming liquor, the respondent used to beat her and none of the family members would come forward to rescue her. Eventually, the petitioner is alleged to have been thrown out of the matrimonial home and since October, 2008 she is living with her parents at Shastri Nagar, Jammu.
3. She further states that she has no source of livelihood as she is totally dependent on her father who is a low paid pensioner. He has to look after his own family of five members and feed them. The petitioner has not even been paid the maintenance allowance by the respondent, though, an application under Section 488 Cr.PC has been filed before the Judicial Magistrate at Jammu, therefore, the petitioner cannot attend the proceedings at Udhampur. The respondent is employed in the Indian Army and drawing salary of more than Rs.31,000/- per month. Even his father is also a pensioner who is being paid double pension. Therefore, the expenses of 3 travelling from Jammu to Udhampur cannot borne by her.
4. Despite service, respondent has not put in appearance.
5. I have heard learned counsel for the petitioner at some length and am of the view that in the matters concerning matrimonial disputes, the convenience of the wife is kept in view especially when she has no source of income and is wholly dependent on her parents. Moreover, her application under Section 488 Cr.PC for grant of maintenance is pending and the respondent has been attending proceedings in the aforesaid application at Jammu.
6. The respondent appears to have sufficient income being working in the Indian Army. It is true that transfer of petition filed under Section 9 of the Hindu Marriage Act, 1955 which, in fact, is a counter blast to the petition filed under Section 488 Cr.PC would cause some inconvenience to respondent, yet it would be far easier for him to attend the proceedings in Jammu, than for the petitioner to attend the same in Udhampur. In that regard, reliance may be placed on the observations made in the case of Deepti Bhandari v. Nitin Bhandari and anr. (2012) 1 SC”
725. Similar view has been taken by Honble the Supreme Court in the case of Sumita Singh v. Kumar Sanjay and anr. AIR 200.SC 396.
7. As a sequel to the above discussion, the case titled as Satvir Singh v. Bindu Bala filed under Section 9 of the Hindu Marriage Act, 1955 pending in the Court of Additional District Judge, Udhampur is ordered to be transferred to Jammu. The learned Principal District Judge, Udhampur, is directed to withdraw the aforesaid case from the Court of Additional District Judge, Udhampur and send the file alongwith all papers to the learned Additional District Judge (Matrimonial Cases), Jammu. A copy of this order be sent to the Principal District Judge, Udhampur for retaining the same on record. A photocopy of the whole case file and documents be also retained at Udhampur for record.
8. The petitioner through her counsel shall appear before the Transferee Court on 26.03.2013.
9. The application stands disposed of. (M. M. Kumar) Chief Justice Jammu, 08.03.2013 Parshant