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2011 DIGILAW 857 (PNJ)

Sukhwinder Kaur v. Iqbal Singh

2011-03-21

JITENDRA CHAUHAN

body2011
JUDGMENT Mr. Jitendra Chauhan, J. (Oral):- Smt. Sukhwinder Kaur, the applicant-wife has preferred the instant application under Section 24 of the Code of Civil Procedure, seeking transfer of petition under Section 13(1)(a) of the Hindu Marriage Act, 1955 (for short ‘the Act’), filed by the respondent, from the Court of learned Additional District Judge, Mohali, to the Court of competent jurisdiction at Gurdaspur. 2. The learned counsel for the applicant contends that two cases filed by the applicant, viz., criminal complaint under Sections 498-A, 406, 506, 34 IPC and petition under Section 125 Cr.P.C., are pending at Gurdaspur. Both these petitions are prior in time to the one preferred by the respondent under Section 13(1)(a) of the Act. 3. Despite service, nobody has caused appearance on behalf of the respondent. Accordingly, the respondent is proceeded against ex parte. 4. I have heard the learned counsel for the applicant and perused the record. 5. A perusal of the record would reveal that the applicant-wife is residing at Gurdaspur at the mercy of her parents along with her four years’ old son. She has no resources and is financially dependent upon her father, who is a retired Subedar from the Indian Army. The young son of the applicant is enrolled in the School at Gurdaspur. The distance between Mohali and Gurdaspur is stated to be around 275 kms. 6. Considering the fact that the applicant is a resident of Gurdaspur 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. 7. Accordingly, the instant transfer application is allowed and the petition under Section 13(1)(a) of the Act titled as ‘Iqbal Singh Vs. Sukhwinder Kaur’ is withdrawn from the Court of learned Additional District Judge, Mohali, and is transferred to the Court of competent jurisdiction at Gurdaspur. The entire record pertaining to the petition under Section 13(1)(a) of the Act shall be sent by the trial Court at Mohali to the learned District Judge, Gurdaspur, 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, Gurdaspur, on 21.04.2011 at 11.00 a.m. ---------0.B.S.0------------