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2012 DIGILAW 115 (PNJ)

Babita v. Nareen Kumar

2012-01-23

JITENDRA CHAUHAN

body2012
JUDGMENT Mr. Jitendra Chauhan, J.: (Oral) - 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 ‘Nareen Kumar Vs. Babita’, 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, Senior Division, Nabha, to the Court of competent jurisdiction at Jagraon, District Ludhiana. 2. A perusal of the file reveals that the applicant filed two petitions against the respondent i.e. the petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 and the other petition under Section 125 Cr.P.C. at Jagraon. There are allegations of beatings, causing injuries to the applicant and not providing her any medical help. It is averred that on account of the injuries given by the respondent, the applicant lost her mental balance. The purpose of filing the petition under Section 9 of the Act at Nabha is only to harass the applicant. The applicant is presently residing with her parents at Raikot, Tehsil Jagraon, District Ludhiana. 3. The learned counsel for the respondent has vehemently opposed the prayer. 4. I have heard the learned counsel for the respondent and perused the record. 5. Hon’ble the Supreme Court in Neelam Kanwar vs Devinder Singh Kanwar, 2001(1) M.L.J. 509 (SC), has observed as under:- “…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.” 6. The applicant-wife is residing at Raikot, Tehsil Jagraon, District Ludhiana. The respondent-husband filed a petition under Section 9 of the Act, which is pending before learned Additional Civil Judge, Senior Division, Nabha. It would certainly be difficult for the wife, living at the mercy of her parents, having no source of income and saddled with the responsibility of raising her minor daughter, to attend the court proceedings at Nabha, which is at a distance of about 95 kms. from the place of her residence. 7. It would certainly be difficult for the wife, living at the mercy of her parents, having no source of income and saddled with the responsibility of raising her minor daughter, to attend the court proceedings at Nabha, which is at a distance of about 95 kms. from the place of her residence. 7. Considering the fact that the applicant is a resident of Jagraon 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. 8. In view of the above, the instant transfer application is allowed and the petition under Section 9 of the Act titled as ‘Nareen Kumar Vs. Babita’ is withdrawn from the Court of learned Additional Civil Judge, Senior Division, Nabha, and is transferred to the Court of competent jurisdiction at Jagraon, District Ludhiana. The entire record pertaining to the petition under Section 9 of the Act shall be sent by the trial Court at Nabha to the learned District Judge, Ludhiana, within three weeks, who will entrust it to any other Court of competent jurisdiction at Jagraon, District Ludhiana. 9. The parties shall appear before the Court of competent jurisdiction at Jagraon, on 03.03.2012 at 10.00 a.m. --------------