BALWINDER KAUR Vs. PRITPAL SINGH

JUDGEMENT

(1.) In the petition filed under Sec. 24 of the Code of Civil Procedure, the wife -Balwinder Kaur prays for transfer for proceedings initiated by her husband Pritpal Singh under Sec. 9 of the Hindu Marriage Act which are pending in the Court of Shri Baldev Singh, Sub Judge I Class, Baridkot, to some court of competent jurisdiction of Ludhiana. Earlier the Petitioner had filed an application under Sec. 125 of the Code of Criminal Procedure for the grant of maintenance for herself as well as for her minor child. The same is pending in the Court of the Judicial Magistrate I Class, Ludhiana. This application was filed on September 23, 1988, whereas petition under Sec. 9 of the Hindu Marriage Act was filed on 30 -8 -1988. It is stated that the Petitioner was served in that petition on 3 -3 -1989. Two factors are mentioned in the application for seeking transfer. Firstly, regarding the pendency of the petition under Sec. 125 of the Code of Civil Procedure and secondly that the Petitioner has an infant -child. The child was born in September 1987. The marriage took place in October 1986. In the reply filed to the application it is asserted that father of the Petitioner had been threatening the Respondent that he would be given thrashing by the police on his visit to Ludhiana. When litigation starts the parties may sometimes level certain allegations against each other. In application for transfer, such like (sic) that father of the Petitioner had given some threats, will not cut ice. The recourse to security proceedings can be had if any such threats were given.

(2.) In the matter of transfer of matrimonial cases peculiar facts concerning the parties are to be kept in view. The Petitioner who is already litigating for claiming maintenance for herself and for her minor child should not be forced to face the trial of a petition under Sec. 9 of the Hindu Marriage Act at a different place. Both these cases can suitably be tried by one Judicial Officer simultaneously in order to avoid any conflicting decisions.

(3.) For the reasons recorded above, this application is allowed and the petition under Sec. 9 of the Hindu Marriage Act Pritpal Singh v/s. Balwinder Kaur which is pending in the Court of Sub Judge 1st Class, Faridkot, is transferred to the Court of Shri S.K. Sharma, Sub Judge Ist Class, Ludhiana (or his successor). Parties to appear in his Court on October 22, 1990. C.M. disposed of. No costs.