Heena vs Gagandeep Singh

Jitendra Chauhan, J.—Reply to the application is filed in the Court. Same is taken on record.

The present application has been preferred u/s 24 of the CPC for transfer of the petition filed by the respondent u/s 11 and 12 of the Hindu Marriage Act, titled as Gagandeep Singh Vs Heena from the Court of District Judge Shri Mukatsar Sahib to the competent Court of jurisdiction at Moga.

The learned counsel for the applicant contends that the respondent-husband residing in Australia, has filed the petition u/s 11 and 12 of the Hindu Marriage Act, against the applicant through his mother. He further contends that the applicant is residing with her parents and has no source of income. He further contends that the petition u/s 125 Cr. P.C filed the by the applicant against the respondent-husband is also pending at Moga. Therefore, the case may be transfered from Shri Mukatsar Sahib to Moga.

On the other hand, learned counsel for the respondent opposes the application for transfer of the petition. He contends that the distance between Mukatsar and Moga is just about 70 kms only, which cannot be said to be a long distance. He further contends that the mother of the respondent, the power of attorney holder is suffering from varoius ailments and is a patient of chronic Asthama.

I have heard the learned counsel for the parties.

In the instant case the husband, who is residing in Austrialia, has authroised his mother to contest and defend the cases on his behalf. Whereas, the applicant is residing with her parents at Moga, at the mercy of her parents. A petition u/s 125 Cr.P.C filed by the applicant against the respondent-husband is also pending at Moga.

Hon''ble the Supreme Court in Neelam Kanwar V. Devinder Singh Kanwar, 2001 (1) MLJ 509 129 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.

The similar view has been taken by the Hon''ble Supreme Court in case Sumita Singh Vs. Kumar Sanjay and Another,

Keeping in view the above, the present application is allowed. The petition titled as Gagandeep Singh Vs Heena pending in the Court of District Judge Shri Mukatsar Sahib, is withdrawn and is transferred to the Court of competent jurisdiction at Moga.

Learned trial Court at Muktsar Sahib, shall send the case file to the Incharge District Judge Moga, forthwith, who will either dispose it of himself or entrust to any other Court of competent jurisdiction for disposal according to law.

Parties through their counsel are directed to appear before the Incharge District Judge Moga on 24.3.2012. at 10.a.m.