Suman Bala v. Rajinder Kumar

Hon'ble Mr. Justice Rajesh Bindal Present: Mrs. Sushma Chopra, Advocate, for the applicant. Mr. Amit Sharma, Advocate, for the respondent. Rajesh Bindal J. Reply to the application along with documents filed today in court is taken on record. Prayer in the present application is for transfer of petition titled as “Rajinder Kumar vs Suman Bala” filed under Section 9 of the Hindu Marriage Act, 1955 (for short 'the Act') by the respondent/husband against the applicant- wife from the Court of learned Additional Civil Judge (Senior Division), Malout to Nakodar. Learned counsel for the applicant submitted that distance between the two places is about 250 kilometers. The wife is also maintaining a minor daughter born out of the wedlock, who is 4-5 years of age. The respondent- husband is already attending the proceedings in the petition filed by the wife under Section 125 Cr.P.C. At present, she is being paid only ` 2,500/- per month which was fixed as an interim measure in those proceedings.

As it is the convenience of the wife which is to be seen, the petition filed by the husband at Malout be transferred to Nakodar. On the other hand, learned counsel for the respondent submitted that the applicant is a short tempered lady. She had abandoned the matrimonial home and immediately after leaving the matrimonial home, she lodged a complaint against the respondent-husband and his family members in the year 2005 which was filed by the police authorities after due investigation and recording the statements of various persons. Even thereafter in the year 2007 again a complaint was lodged. In that complaint also the police had not found any substance. However, still the applicant did not sit quite and filed a complaint in the court in TA No. 300 of 2010 (2) which the respondent and his family members were summoned. Feeling aggrieved against the summoning order, they filed Criminal Misc. No. M-32650 of 2008 seeking quashing thereof and this court vide order dated 19.1.2010, quashed the complaint and all other consequential proceedings finding that the allegations made by the applicant in the complaint were false.

To some up, it was submitted that from the very beginning, the effort of the applicant is to harass the respondent and his family members. The earlier complaints filed by her were found to be false. Even now the respondent apprehends his false involvement in case he visits Nakodar. After hearing learned counsels for the parties, I do not find any merit in the present application. After the applicant started residing separately at her parental house, she had tried to indulge the respondent and his family members in criminal litigation. However, three efforts made by her were found to be meritless. The factum regarding the aforesaid complaints filed by the wife and the result thereof has not even been mentioned in the application for transfer. Considering the aforesaid fact, I do not find any merit in the present application, the same is dismissed.

5.10.2010 vs. (Rajesh Bindal) Judge