Paramjeet Kaur vs Sukhdev Singh

Jitendra Chauhan, J.—The present application has been preferred by the Applicant-wife, u/s 24 of the Code of Civil Procedure, praying for the transfer of the petition titled as ''Sukhdev Singh Vs. Paramjeet Kaur'', 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, Yamuna Nagar, to the Court of competent jurisdiction at Karnal.

The learned counsel contends that this Court allowed Transfer Application No.411 of 2009 on 19.7.2010, and transferred the case filed by the respondent u/s 9 of the Act. Immediately after the transfer order was passed, the respondent withdrew the petition and has filed the present petition u/s 13 of the Act at Yamuna Nagar (at Jagadhri).

Despite service, nobody has caused appearance on behalf of the respondent. Hence, the respondent is proceeded against ex parte.

I have heard the learned counsel for the applicant and perused the record.

After having been ousted from the matrimonial home, the applicant has been staying with her parents and maintaining two children born out of the wedlock. In a petition filed by the husband, the convenience of the wife has to be seen. Moreover, the respondent earlier imposed litigation upon the applicant by filing and subsequently withdrawing the petition u/s 9 of the Act.

Keeping in view the fact that the applicant is presently residing at Karnal and saddled with the responsibility of raising two minor children, the instant transfer application is allowed and the petition u/s 13 of the Act titled as ''Sukhdev Singh Vs. Paramjeet Kaur'' is withdrawn from the Court of learned Additional District Judge, Yamuna Nagar, and is transferred to the Court of competent jurisdiction at Karnal. The entire record pertaining to the petition u/s 13 of the Act shall be sent by the trial Court at Yamuna Nagar to the learned District Judge, Karnal, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction at Karnal.

The parties shall appear before the learned District Judge, Karnal, on 17.09.2011.