Manju Bala Sandhu v. Harjinder Singh Sandhu

CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr. S.S. Behl, Advocate for Petitioner. Mr. Devinder Lubana, 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 restitution of conjugal rights by the respondent-husband against the applicant wife titled as Harjinder Singh Sandhu Vs. Manju Bala Sandhu from Court of Additional Civil Judge(SD) Malout to Chandigarh or Mohali or Panchkula. Applicant Manju Bala Sandhu and respondent Harjinder Singh Sandhu are stated to have solemnized their marriage on 23.02.2003 and out of their wedlock a daughter was born on 14.01.2005. 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 daughter at her parental house at Panchkula where she continues to reside to date.

It is further stated that respondent husband has filed a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act(for short the Act) before the court of Additional Civil Judge(Sr. Divn), Malout, T.A. No.57 of 2011 #2# District Mukatsar on 05.08.2010 and which is pending there. It is averred that the applicant/wife is a Chronic patient due to the complications of her having previously undergone kidney transplant. It is further averred that her 06 years old minor daughter is studying in a school at Panchkula. Learned Counsel in view of the aforesaid facutal position submits that it is extremely inconvenient and difficult for the wife to pursue her case at a place 250 kms away from her residence at Panchkula and accordingly prayer has been made for transfer of the case. Learned Counsel for the respondent has stated that he has no objection if the same is transferred to Chandigarh.