Annu Arora vs Rakesh Kumar

Jitendra Chauhan, J.—The present application has been preferred by the applicant-wife u/s 21-A of the Hindu Marriage Act 1955, read with Section 24 of Code of Civil Procedure, praying for the transfer of the petition titled as "Rakesh Kumar Vs. Annu Arora", filed by the respondent u/s 13 of the Hindu Marriage Act, 1955 (for short `the Act''), from the Court of learned Additional District Judge, Patiala to the Court of competent jurisdiction at Mohali.

I have heard the learned counsel for the parties.

A perusal of the file reveals that the applicant has filed a petition u/s 9 of the Hindu Marriage Act, for restitution of conjugal rights and another petition u/s 125 Cr.P.C., before the competent Court at Mohali. She is totally dependent on her parents. The applicant apprehends threats to her life in case she goes to Patiala to attend the proceedings. It has been averred that due to the cruelties and torture meted out to her by the respondent and his family members, the petitioner has undergone severe mental pain and agony. She is unable to maintain herself.

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, convenience-wise, 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.

Annu Arora, the applicant-wife, is residing at Mohali. The respondent-husband filed a petition u/s 13 of Hindu Marriage Act at Patiala. It would certainly be difficult for the wife, living at the mercy of her parents and having no source of income, to attend the court proceedings at Patiala. Particularly when the respondent has been appearing in the proceeding initiated by the petitioner at Mohali.

Considering the fact that the applicant is a resident of Village Sohana, Tehsil and District Mohali 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.

In view of the above, the instant transfer application is allowed and the petition u/s 13 of the Act titled as "Rakesh Kumar Vs. Annu Arora", is withdrawn from the Court of learned District Judge, Patiala, and is transferred to the Court of competent jurisdiction at Mohali. The entire record pertaining to the petition u/s 13 of the Act shall be sent by the trial Court at Patiala to the learned Incharge District Judge, Mohali, within two weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction at Mohali.

The parties through their counsel shall appear before the Court of Competent jurisdiction at Mohali on 28.01.2012 at 10.00 AM.