IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Misc. (T.A.) No.201-CII of 2008 Date of Decision: 9.3.2009 Kusum Lata @ Prerna. ....... Applicant through Shri Krishan Sehajpal,Advocate. Versus Brij Mohan. ......Respondents through Shri Rajeev Dev Sharma,Advocate. CORAM: HON'BLE MR.JUSTICE MAHESH GROVER .... 1. Whether Reporters of Local Newspapers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? .... Mahesh Grover,J. This application under Section 24 of the Code of Civil Procedure has been filed by the applicant-wife for transfer of divorce petition titled as “Brij Mohan Versus Kusum Lata” filed by the respondent- husband and pending in the Court of Shri N.K.Gaur, Additional District & Sessions Judge, Amritsar to a competent Court at Mohali. The applicant has averred that her marriage with the respondent was solemnized on 11.10.2000 according to Hindu rites and ceremonies and sufficient dowry was given by her parents. However, from the very beginning, the respondent and his other family members including his parents, tortured her, mentally as well as physically and demanded scooter Civil Misc.(T.A.) No.201-CII of 2008 -2- .... and also gave beatings to her many times. Due to non-fulfillment of their demand for dowry, they turned her out from the matrimonial home and kept away the entire dowry articles. On 9.11.2002, the respondent along with his parents and other persons came to her parental home and created a scene in the locality and also gave injuries to herself, her brother and sister-Neelam. An F.I.R. in this respect was also lodged and a challan was filed against them and the case is now pending in the Court of Judicial Magistrate Ist Class, Pathankot. A private complaint under Section 406/498-A, 148, 149 of the I.P.C. and an application under Section 125 of the Cr.P.C. filed by the applicant are also stated to be pending in the aforesaid Court. As a counter-blast of the aforesaid, the respondent filed a divorce petition at Amritsar in which she has appeared,but due to threats given to her father, it has become difficult for her to attend the said proceedings. It has also been pleaded that on account of persistent threats by the respondent, she was forced to shift at the residence of his brother- Deepak Kumar at Village Bhukri, Tehsil Kharar, District Mohali where he is doing a private job. She has averred that as she does not have any source of income as even maintenance is not being paid by the respondent despite the undertaking given in the Court, it is not possible for her to attend the divorce proceedings at Amritsar and contest the petition. A close relative of the respondent, who is a police official, was stated to be residing near the house of the father of the applicant and through whom, he used to harass and torture her. Civil Misc.(T.A.) No.201-CII of 2008 -3- .... Upon notice, the respondent appeared and filed his reply. It was averred by him that a petition under Section 9 of the Hindu Marriage Act,1955 filed by him has already been decided in his favour by the Court of Additional Civil Judge (Senior Division), Amritsar on 8.9.2005 and despite that the applicant has refused to come to her matrimonial home and, therefore, he was compelled to file the divorce petition. He also pleaded that he is still ready and willing to take the application his house. It has further been pleaded that as stated by the applicant, she has been attending the cases initiated by her at Pathankot and, therefore, the request for transfer of the divorce petition at Mohali has been made only to harass him. I have heard the learned counsel for the parties and have perused the file. Their Lordships of the Supreme Court in Sumita Singh Versus Kumar Sanjay and another, AIR 2002 S.C. 396 have held that it is the convenience of the wife that must be looked at in the matrimonial proceedings. As stated by the applicant, she is now residing with his brother in Bhukri, Tehsil Kharar, District Mohali and the respondent is not paying any maintenance to her despite the undertaking given by him in the Court. The applicant has also stated she has to undertake six hours' journey from the place of her abode in District Mohali to reach Amritsar in order to enable her to attend the proceedings in the divorce petition. Moreover, threats are being given to her not to attend the said proceedings as stated by her, although the respondent denied the same. Civil Misc.(T.A.) No.201-CII of 2008 -4- .... Therefore, keeping in view the circumstances of the case and the law laid down in Sumita Singh's case (supra), this application is accepted and the divorce petition titled “Brij Mohan Versus Kusum Lata”, pending in the Court of Shri N.K.Gaur, Additional District Judge, Amritsar is directed to be transferred to a Court of competent jurisdiction at Mohali with immediate effect. After receipt of the file of the divorce petition, the competent Court at Mohali shall issue notice to the parties for further proceedings. March 09,2009 ( Mahesh Grover ) “SCM” Judge