Allowed

Jyoti Kumari v. Rashpal Singh

Punjab & Haryana HC10 Dec 2013TA/441/2013

Case brief

AI extract

What is this about?

The High Court of Punjab & Haryana allowed a transfer petition filed by a wife under Section 24 CPC to move her husband's Section 9 restitution petition from Ferozepur to Amritsar. The court held that given the distance and existing litigation in Amritsar, transfer is necessary for the wife's convenience.

What did the court decide?

Transfer of pending Section 9 petition from Addl. Civil Judge, Ferozepur to District Courts, Amritsar.

Jyoti Kumari Vs Rashpal Singh — Matrimonial and Divorce | Punjab & Haryana HC (2013)

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TA 441/2013 (O&M)

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Manoj Kumar #1# 2013.12.12 10:25I attest to the accuracy and integrity of this document High Court Chandigarh

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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TA 441/2013 (O&M) Date of decision: 10.12.2013

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Jyoti Kumari

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

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Rashpal Singh

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

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CORAM: HON'BLE MR.JUSTICE JASWANT SINGH

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Present:Mr. Vipul Aggarwal, Advocate for the petitioner. None for the respondent despite service.

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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 Rashpal Singh Vs. Jyoti Kumari from the Court of learned Addl. Civil Judge (Sr. Division), Ferozepur to the Court of competent jurisdiction at Amritsar.

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It is stated that the marriage between the parties was solemnized on 10.8.2012 at Amritsar. No child was born out of the said wedlock. Due to matrimonial dispute, it is alleged that the petitioner was turned out of the matrimonial home at Ferozepur on 25.09.2012. Petitioner is stated to be now residing separately at her parental home at Amritsar, where she has already lodged an FIR under Sections 498-A/120-B IPC.

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Thereafter, the respondent husband filed a petition under

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#2#

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TA 441/2013 (O&M)

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Section 9 of the Act which, as noticed above, is pending in the Court of learned Addl. Civil Judge (Sr. Division), Ferozepur.

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It is averred that the petitioner wife is a housewife and she 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 Ferozepur, which is about 100 kms away from Amritsar.

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None has appeared on behalf of the respondent-husband to controvert the aforesaid facts.

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After hearing learned counsel for the petitioner and taking into account the fact that one case is already pending at Amritsar, 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 titled Rashpal Singh Vs. Jyoti Kumari from the Court of learned Addl. Civil Judge (Sr. Division), Ferozepur 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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December 10, 2013 manoj

Jyoti Kumari v. Rashpal Singh

Case brief

What is this about?

What did the court decide?

Jyoti Kumari v. Rashpal Singh

Case brief

What is this about?

What did the court decide?

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