Rajni Gupta vs Aman Gupta and Others

Jaswant Singh, J.—Petitioner wife has filed the present transfer application u/s 24 CPC for the transfer of a suit filed by respondent husband for mandatory injunction titled as Aman Gupta Vs. Rajni Gupta and Ors from the Court of learned Civil Judge (Sr. Division), Dera Bassi to the Court of competent jurisdiction at Bathinda. It is stated that the marriage between the parties was solemnized on 1.3.2010 at Bathinda. Parties cohabited as husband and wife at various places of the posting of the husband i.e. Mehroli, Delhi and Zirakpur, District Mohali, although the husband is permanent resident of Bathinda itself.

No child was born out of the wedlock. Due to matrimonial dispute, petitioner-wife is stated to be residing separately at her parental home at Bathinda, where she has already filed an FIR under Sections 406/498A IPC in the light of an FIR. Husband, concededly has joined the said criminal trial before the court at Bathinda.

The ground for transfer made out is that it is extremely inconvenient for the wife to travel 250 kms. to pursue the case at Mohali whereas no prejudice would be caused to the husband, who is already appearing before the Court in the criminal proceedings at Bathinda besides his permanent home being at Bathinda.

After hearing learned counsel for the parties, I find that the grounds set out in the petition are sufficient to allow the petition as it is well settled that in matrimonial proceedings initiated by the husband against wife, convenience of wife must be looked at. Reliance in this regard can be placed upon Sumita Singh Vs. Kumar Sanjay and Another, . In view of the above, the present petition is allowed, the aforesaid suit filed by respondent husband for mandatory injunction titled as Aman Gupta Vs. Rajni Gupta and Ors from the Court of learned Civil Judge (Sr. Division), Dera Bassi is ordered to be withdrawn and transferred to the District Courts, Bathidna for disposal in accordance with law from the stage of withdrawal.