Allowed

Paramjit Kaur v. Prabhjit Singh

Punjab & Haryana HC9 Oct 2013TA/126/2013

Case brief

AI extract

What is this about?

In this transfer application under Section 24 CPC, the High Court of Punjab & Haryana allowed the petitioner-wife to shift her husband's restitution of conjugal rights petition from Batala to Amritsar. Relying on Sumita Singh, the Court held that in matrimonial proceedings initiated by the husband, the wife's convenience must be prioritized.

What did the court decide?

The petition for transfer is allowed; the petition under Section 9 of the Hindu Marriage Act is ordered to be withdrawn from the Batala Court and transferred to the District Court at Amritsar.

Paramjit Kaur Vs Prabhjit Singh — Matrimonial and Divorce | Punjab & Haryana HC (2013)

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Manoj Kumar 2013.10.10 16:09 I attest to the accuracy and integrity of this document High Court Chandigarh

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TA 126/2013 (O&M) #1#

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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TA 126/2013 (O&M) Date of decision: 9.10.2013

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Paramjit Kaur

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.............Petitioner

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Prabhjit Singh

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.............Respondent

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CORAM: HON'BLE MR.JUSTICE JASWANT SINGH

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Present:Mr. H.S. Baath,Advocate for the petitioner-wife. Mr. Surinder Avinash K. Sharma for the respondenthusband.

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Jaswant Singh,J(Oral).

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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 Prabhjit Singh Vs. Paramjit Kaur from the Court of learned Addl. Civil Judge (Sr. Division), Batala, District Gurdaspur to the Court of competent jurisdiction at Amritsar.

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It is stated that the marriage between the parties was solemnized on 15.2.2009 at Amritsar. Parties cohabited as husband and wife at Patiala. No child was born out of the said wedlock. Due to dowry demand, it is alleged that the petitioner was turned out of the matrimonial home at Batala, District Gurdaspur. Petitioner is stated to be residing separately at her parental home at Amritsar.

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TA 126/2013 (O&M)

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#2#

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The respondent husband filed a petition under Section 9 of the Act which, as noticed above, is pending in the Court of learned Addl. Civil Judge (Sr. Division), Batala, District Gurdaspur.

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It is averred that the petitioner wife is a house wife, has no source of income and is fully dependent upon her parents while the respondent is not paying even a single penny for the upkeep and maintenance of petitioner wife and in these circumstances, it is difficult for the petitioner to attend the proceedings initiated by the respondent husband at Batala, District Gurdaspur, which is about 40 kms away from Amritsar.

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After hearing learned counsel for the parties and taking into account the facts and circumstances of the present case, 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 2002 SC 396.

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In view of the above, the present petition is allowed, the petition under Section 9 of the Act from the Court of learned Addl. Civil Judge (Sr. Division), Batala, District Gurdaspur is ordered to be withdrawn and transferred to the District Courts, Amritsar for disposal in accordance with law from the stage of withdrawal.

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( JASWANT SINGH ) JUDGE

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October 09, 2013 manoj

Paramjit Kaur v. Prabhjit Singh

Case brief

What is this about?

What did the court decide?

Paramjit Kaur v. Prabhjit Singh

Case brief

What is this about?

What did the court decide?

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