Allowed

Beant Kaur v. Gursewak Singh

Punjab & Haryana HC17 Jan 2012TA/594/2011

Case brief

AI extract

What is this about?

This applicant transferred a domestic violence petition under Section 9 of the Hindu Marriage Act from Moga to Barnala. The Court noted the applicant's residence in Barnala and safety concerns, allowing the transfer for her convenience based on Supreme Court principles.

What did the court decide?

Transfer of petition from Additional Civil Judge, Moga to Court of competent jurisdiction at Barnala within three weeks.

Beant Kaur Vs Gursewak Singh — Matrimonial and Divorce | Punjab & Haryana HC (2012)

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TA No.594 of 2011

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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TA No.594 of 2011

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Date of decision : 17.01.2012

Beant Kaur

...Applicant

Versus

Gursewak Singh

...Respondent

CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN

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Present: Mr. Gopal Singh Nahel, Advocate for the applicant.

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Respondent ex parte.

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JITENDRA CHAUHAN, J. (Oral)

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The present application has been preferred by the applicantwife, under Section 24 of the Code of Civil Procedure, praying for the transfer of the petition titled as ‘Gursewak Singh Vs. Beant Kaur’, filed by the respondent under Section 9 of the Hindu Marriage Act, 1955 (for short `the Act'), from the Court of learned Additional Civil Judge, Sr. Divn., Moga, to the Court of competent jurisdiction at Barnala.

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Learned counsel for the applicant contends that after having been ousted from the matrimonial home, the applicant is residing at her parental house at Barnala. She is also rasing the two children aged two years and nine months, born out of the wedlock between the parties. She also apprehends threat to her life and liberty at the hands of the

TA No.594 of 2011

respondent.

The respondent has been served through affixation, however, none has caused appearance on his behalf. In the circumstances, the respondent is proceeded against ex parte.

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I have heard the learned counsel for the applicant and perused the record.

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Hon'ble the Supreme Court in Neelam Kanwar vs Devinder Singh Kanwar, 2001(1) M.L.J. 509 (SC), has observed as

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under:-

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“…we are mindful of the fact that the petitioner is a lady and first respondent is a male, and, therefore, conveniencewise, a transfer to the place where the lady is residing, would be preferred by this Court unless it is shown that there are special reasons not to do so. No such special reason is shown.”

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The applicant-wife is residing at Moga. The respondenthusband has filed petition under Section 9 of the Act, which is pending before learned Additional Civil Judge, Sr. Divn., Moga. It would certainly be difficult for the wife, living at the mercy of her parents, saddled with the responsibility of raising her two minor children and having no source of income, to attend the court proceedings at Moga.

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Considering the fact that the applicant is a resident of Barnala and primarily, the convenience of the wife is to be seen, therefore, in my opinion, the balance of convenience is in favour of the

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TA No.594 of 2011

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applicant-wife and against the respondent.

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In view of the above, the instant transfer application is allowed and the petition under Section 9 of the Act titled as ‘Gursewak Singh Vs. Beant Kaur’ is withdrawn from the Court of learned Additional Civil Judge, Sr. Divn., Moga, and is transferred to the Court of competent jurisdiction at Barnala. The entire record pertaining to the petition under Section 9 of the Act shall be sent by the trial Court at Moga to the learned District Judge, Barnala, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction at Barnala.

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The parties shall appear before the learned District Judge, Barnala, on 25.02.2012 at 10.00 a.m.

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17.01.2012 atulsethi

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(JITENDRA CHAUHAN) JUDGE

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Note : Whether to be referred to Reporter ? Yes / No

Beant Kaur v. Gursewak Singh

Case brief

What is this about?

What did the court decide?

Beant Kaur v. Gursewak Singh

Case brief

What is this about?

What did the court decide?

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