Punjab And Haryana High Court · 2011

CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN ...Respondent Present: Mr. Jitender Nara, Advocate for the applicant. Respondent ex parte. JITENDRA CHAUHAN, J. (Oral)

The prayer in the instant application under Section 24 of the Code of Civil Procedure, is for the transfer of the petition under Section 9 of the Hindu Marriage Act, 1955 (for short `the Act'), titled as ‘Anil Kumar Vs. Sunita’, filed by the respondent from the Court of learned Additional District Judge, Jhajjar, to the Court of competent jurisdiction at Gurgaon.

Learned counsel for the applicant contends that the applicant filed a petition under Section 125 Cr.P.C. which was allowed by the learned District Judge, Gurgaon, on 23.08.2010. Now, the execution proceedings under Section 125(3) Cr.P.C. are pending adjudication before the learned trial Court at Gurgaon. TA No.512 of 2010 2

Learned counsel for the applicant further contends that the applicant is a resident of Gurgaon and the purpose of filing the petition under Section 9 of the Act is only to harass the applicant. Two children born out of the wedlock are residing with the applicant. The father of the applicant is an old man suffering from age related diseases.

The respondent was served by way of affixation, however, none has caused appearance on his behalf. Accordingly, the respondent is proceeded against ex parte.

I have heard the learned counsel for the applicant. 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, (for) convenience of wife, a transfer to the place where the lady is residing, would be preferred by this Court unless, it is shown that there are special reason not to do so. No special reason is shown.

The applicant-wife is residing at Gurgaon. The respondent- husband filed a petition under Section 9 of the Act, which is pending before learned Additional District Judge, Jhajjar. 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 children, to attend the court proceedings at Jhajjar. The convenience of the wife is primarily to be seen in the matter of TA No.512 of 2010 matrimonial disputes. 3

Accordingly, the petition filed by the respondent titled as ‘Anil Kumar Vs. Sunita’ under Section 9 of the Act, pending in the Court of learned Additional District Judge, Jhajjar, deserves to be transferred to Gurgaon.

In view of the above, the instant transfer application is allowed and the petition under Section 9 of the Act titled as ‘Anil Kumar Vs. Sunita’ is withdrawn from the Court of learned Additional District Judge, Jhajjar, and is transferred to the Court of competent jurisdiction at Gurgaon. The entire record pertaining to the petition under Section 9 of the Act shall be sent by the trial Court at Jhajjar to the learned District Judge, Gurgaon, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction.

The parties shall appear before the Court of learned District Judge, Gurgaon, on 06.05.2011.

06.04.2011 atulsethi (JITENDRA CHAUHAN) JUDGE Note : Whether to be referred to Reporter ? Yes / No