Mrs. Jaswinder Kaur v. Sh. Daljit Singh
Case at a glance
- Decided
- 16 May 2011
- Bench
- JASWANT SINGH
Outcome
Allowed
present transfer application is allowed and petition filed under Section 9 of
Provisions considered
Judgment
CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr. Ramesh Kumar Bamal, Advocate for the Petitioner. Mr. G.S. Thind, Advocate for the Respondent. *** JASWANT SINGH, J.(ORAL) Instant application has been filed under Section 24 of CPC for transfer of the petition filed under Section 9 of the Hindu Marriage Act 1955(for short the Act) for restitution of conjugal rights by the respondent- husband who is an army personnel against the applicant wife titled as Daljit Singh Vs. Mrs. Jaswinder Kaur from Court of Additional Civil Judge(SD) Rajpura to Chandigarh. Applicant Jaswinder Kaur and respondent Daljit Singh are stated to have solemnized their marriage on 17.10.1999 at Chandigarh according to Sikh Rites and out of their wedlock two children-Simranjit Kaur(8 years) and a son named Gurjot Singh(3 years) were born who are T.A. No.109 of 2011(O&M) #2# residing with the petitioner at Chandigarh. It is further stated that due to the demands of dowry and atrocities committed by the respondent-husband, the applicant-wife was forced to live along with her minor children at her parental house at Chandigarh with her widowed mother.
It is further stated that petitioner has only one brother who is settled in abroad. Following the matrimonial dispute the respondent-husband filed a petition under Section 09 of the Act for restitution of conjugal rights at Rajpura. It is further stated that the petitioner-wife has to attend the said proceedings at Rajpura all alone as there is no male member to accompany her or to attend their minor school going children. It is also alleged that petitioner has apprehension to her life as the respondent is issuing threats to her in the petition filed by her under Section 125 Cr.PC which is pending at Chandigarh. Notice of motion was issued. At the time of hearing learned Counsel for the respondent- husband has objected to the transfer of the case from Rajpura to Chandigarh on the sole ground that respondent-husband has to look after his widowed mother who is residing at Rajpura. After hearing the learned Counsel for the parties, I am of the opinion that this petition must succeed.
Operative part
It is not disputed that the respondent-husband is an army personnel, and as such has a transferrable job meaning thereby that he cannot be said to be residing with his mother at Rajpura all the time. On the other hand it is not disputed that the petitioner- wife, who is living with her widowed mother has no male member in her family either to accompany her to Rajpura on the dates of hearing of the case or in her absence to look after her minor children. In view of the aforesaid facts and circumstances of the case the T.A. No.109 of 2011(O&M) #3# present transfer application is allowed and petition filed under Section 9 of the Act for restitution of conjugal rights by the respondent-husband against the applicant wife titled as Daljit Singh Vs. Mrs. Jaswinder Kaur is transferred from Court of Additional Civil Judge(SD) Rajpura to court of competent jurisdiction at Chandigarh Disposed of in above terms. May 16, 2011 Vinay ( JASWANT SINGH ) JUDGE
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: present transfer application is allowed and petition filed under Section 9 of
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — s. 24; Hindu Marriage Act, 1955 — s. 9; Code of Criminal Procedure, 1973 — s. 125.
Which court decided this case, and when?
Punjab & Haryana High Court, on 16 May 2011. The bench was JASWANT SINGH.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.