Smt.Ritu @ Anjali vs Yogesh Malhotra on 13 August, 2009

T.A.No.69 of 2008


      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH


                                  T.A.No.69 of 2008
                                  Decided on August 13, 2009.


Smt.Ritu @ Anjali

                                                         .. Petitioner

                 VERSUS


Yogesh Malhotra.

                                                       .. Respondent

                       ***

CORAM:           HON'BLE MR.JUSTICE M.M.S.BEDI


PRESENT          Mr.Parminder P.Sharma, Advocate,
                 for the petitioner.

                 Mr.Ramesh Goyal, Advocate,
                 for the respondent.


M.M.S. BEDI, J. (ORAL)

The petitioner is wife of respondent. The respondent

has filed an application under Section 9 of the Hindu Marriage act, for

restitution of conjugal rights, at Chandigarh. Through the instant

petition under Section 24 CPC, the petitioner seeks the transfer of

the proceedings under Section 9 of the Hindu Marriage Act, filed by

her husband-respondent to Sunam, on the ground that it is not safe

for her to come to Chandigarh, to attend the hearings and that she

has filed a petition under Section 125 Cr.P.C., at Sunam, and the

… 1
T.A.No.69 of 2008

respondent in any case has to appear in the proceedings under

Section 125 Cr.P.C.

Counsel for the respondent has opposed the

application for transfer, inter alia, on the ground that there is a threat

to his life in case he goes to Sunam from Chandigarh, which

assertion has been denied by the counsel for the petitioner.

While deciding the application for transfer, the

convenience of both the parties is to be taken into consideration by

the Court. In the present case, it has been informed that the

application under Section 125 Cr.P.C., had been filed by the

petitioner after the respondent had initiated proceedings under

Section 9 of the Hindu Marriage Act.

On asking of the Court, counsel for the respondent

has, in order to substantiate his bona fide offer, agreed to pay for the

travelling charges on each date of hearing to enable the petitioner to

attend the proceedings.

After considering the comparative convenience of

both the parties, it is deemed appropriate, in the interest of justice, to

transfer the application under Section 9 of the Hindu Marriage Act,

from Chandigarh to Patiala, instead of transferring the same from

Chandigarh to Sunam, as Patiala is approximately 90 kilometers from

Chandigarh and 70 kilometers from Sunam. The respondent will pay

a sum of Rs.1,000/- on each date of hearing to the petitioner as and

when she puts in appearance before the Court at Patiala. The said

amount of Rs.1,000/- will be paid in the presence of the Presiding

… 2
T.A.No.69 of 2008

Officer.

The petition is allowed. The application under

Section 9 of the Hindu Marriage Act, titled ‘Yogesh Malhotra

Vs.Smt.Ritu @ Anjali’, pending in the Court of Civil Judge (Sr.Divn.),

Chandigarh, is ordered to be transferred to the Court of Civil Judge

(Sr.Divn.), Patiala.

Parties are directed to appear before the Civil Judge

(Sr.Divn.), Patiala, on 19.09.2009. It will be open to the Civil Judge

(Sr.Divn.), Patiala, either to keep the case for adjudication with him or

to assign the same to any other Court of competent jurisdiction.

The sum of Rs.1,000/-, which has been ordered to

be paid by the respondent to the petitioner on each date of hearing

will be besides the amount of maintenance, if any, determined by any

Court under any provision of law.

File of the case, complete in all respects, be sent

from Chandigarh, to Patiala.

(M.M.S.BEDI)
JUDGE
August 13, 2009.

rka

… 3