LAXMI DEVI Vs. DALJEET SINGH
HIGH COURT OF UTTARAKHAND
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B.S.VERMA, J. -
(1.) HEARD Sri K.C. Tewari, Advocate for the applicant and Sri Bhuwan
Joshi, Advocate on behalf of the respondent.
(2.) THE applicant has filed this Misc. Application for the transfer of O.S. No. 69 of 2011, Daljeet Singh Vs. Smt. Laxmi Devi, from
Family Court Haridwar to any other court of competent jurisdiction.
(3.) ACCORDING to the petitioner, the respondent/husband has instituted a matrimonial case against her U/S 9 of Hindu Marriage Act,
for restitution of conjugal rights, which is pending before Judge, Family
Court Haridwar. The grievance of the petitioner/wife is that she is
residing at the house of her parents at Village Talli Masi Bazar, Tehsil
Chaukutia, District Almora. She has no means of livelihood and she cannot
afford the expenses to attend the court at Haridwar which far away from
her parental house. It is further pleaded by the petitioner that she
apprehends danger to her life at the hands of the respondent and the
respondent has threatened to finish her life and also made several
attempts in this respect.
The Honble Apex Court in the case of Sumita Singh vs. Kumar Sanjay and another, reported in AIR 2002 Supreme Court Cases 396, has
held that in the matter of transfer of matrimonial proceedings initiated
by husband against the wife, convenience of wife must be looked at and
the suit filed by husband at place far off from Delhi was transferred to
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