Sudesh Kumari vs Devender Bhukal

Jaswant Singh, J.—Petitioner-wife is seeking the transfer of the suit for mandatory injunction (P. 3) filed by the respondent-husband before the learned Addl. Civil Judge (Sr. Division), Dhuri, District Sangrur to a court of competent jurisdiction at Jind. It is averred that the petitioner was earlier married to the elder brother of the respondent on 28.12.2001, who was employed in the Indian Army and after his death, with the consent of the family, the petitioner was married, as per customs, to the respondent-Devender Bhukal in January 2002. Out of their wedlock, a son namely Shubham was born on 14.9.2004. It is further averred that the petitioner was turned out of her matrimonial home from Dhuri, District Sangrur in 2010, and since then she along with her minor son is residing with her parents at Jind.

It is stated that there are three other cases pending at Jind and that the distance between two stations is 170 kms and therefore, it is extremely inconvenient for the petitioner to attend the courts at Dhuri whereas the respondent is already facing three cases at Jind.

None has appeared for the respondent to refute the contentions of learned counsel for the petitioner.

Keeping in view the fact that three cases are already pending between the parties at Jind and taking into account the distance between aforesaid two stations, 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 suit filed by the respondent-husband titled Devinder Bhukal Vs. Sudesh Kumari pending before the Addl. Civil Judge (Sr. Division), Dhuri, District Sangrur is ordered to be withdrawn and transferred to the District Courts, Jind for disposal in accordance with law from the stage of withdrawal.