Pushpa Devi vs Gautam Dass

S.K. Jain, J.

Smt. Pushpa Devi petitioner was married to Gautam Dass on 8.5.1992 at village Binjal, tehsil Jagraon, district Ludhiana. In January, 1975, she was turned out of the house by her husband. She again joined him and stayed with her motherinlaw at Patiala. A petition seeking divorce filed by the husband was dismissed. Another petition under Section 9 of the Hindu Marriage Act filed by the husbandrespondent was also dismissed. On her application under Section 125, Code of Criminal Procedure, Judicial Magistrate Ist Class, Patiala, granted her maintenance at the rate of Rs. 170/ per month, vide his order of February 9, 1993. On the husband having failed to make payment, she filed various execution applications in the executing Court at Patiala for recovery of the said amount. The husband did not appear. She has filed this petition seeking transfer of her execution applications in a Court of competent jurisdiction at Jagraon on the ground that she was now living with her parents at village Binjal, Tehsil Jagraon, district Ludhiana.

It has been stated at the Bar on behalf of the petitioner that the respondenthusband was posted as UpperDivision Clerk at Faridkot. Notice of this Civil Miscellaneous was issued to the respondent but the office report indicates that the same had been received back unserved with the report of the Process Server duly signed by the Senior Subordinate Judge to the effect that the respondent Gautam Dass refused to accept notice. In that situation, the Process Server pasted the notice on the wall of the office in which Gautam Dass was working. On the basis of the said report, respondent Gautam Dass was considered to have been duly served and was proceeded against exparte vide order dated August 13, 1992, passed by this Court.

In a similar situation where a suit filed by the petitioner against the respondent which was pending in the Court at Patiala was ordered to be transferred to a Court of competent jurisdiction at Jagraon by this Court vide order of October 31, 1992, passed in C.M. No. 576CII of 1992.

Keeping in view the facts of this case I hold that the respondent has not chosen to put in appearance despite service and that he was posted at Patiala which was close to Jagraon than Patiala, it would be in the interest of justice that the execution proceeding pending in the Court of Judicial Magistrate Ist Class, Patiala are transferred to the Court of Judicial Magistrate Ist Class, Jagraon. JUDGMENTed accordingly.

This petition is allowed.