Transfer Application No. 237 OF 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. 237 OF 2010 Date of decision:29th November, 2010 Rani Devi @ Komal, wife of Suresh Kumar, daughter of Mogi Ram, Caste Parjapat, resident of village Pabana District Karnal. ........Petitioner Versus Suresh Kumar son of Sh. Prem Singh, age 27 years, caste Parjapat, resident of village Sanch Tehsil and District Kaithal. ........Respondent BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. Maharaj Kumar, Advocate, for the petitioner. None for the respondent. 1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 2. To be referred to the Reporters or not?Yes/No 3. Whether the judgment should be reported in the Digest? Yes/No K.Kannan, J.(Oral) 1. Transfer application has been filed by the wife for transfer of proceeding initiated by the husband-respondent for restitution of conjugal rights in the court of Civil Judge(Sr. Divn.), Kaithal, to a court of competent jurisdiction at Karnal on the ground that the applicant is having two children to attend and it will be inconvenient for her to go to Court to attend the case which is about 60 kilometres away from the place of residence. It will not be proper for a party to expect to have the courts located at the very same place where they are residing. Transfer Application No. 237 OF 2010 2 2. Learned counsel states that she has already filed a petition for maintenance which is pending before the Court at Karnal. The petitioner will be at liberty to prosecute the same but for every effective hearing the petitioner goes to Karnal, she shall be paid Rs. 500/- towards transport and out of pocket expenses. Trial Court shall ensure that the direction is strictly observed by the husband and produces proof at every effective date of hearing as regards of the amount. The applicant shall also be at liberty to apply to the Court for interim maintenance under Section 24 of the Hindu Marriage Act and the trial court shall consider the same, unmindful of the pendency of the proceeding before the Judicial Magistrate at Karnal. In the manner of fixation of interim maintenance, a court shall have due regard to any directions or orders passed by the judicial magistrate in the application filed under Section 125 of the Criminal Procedure Code(CPC). If any orders are passed under Section 125 CPC, even then it shall be fetter the jurisdiction of matrimonial court to pass appropriate orders for maintenance. 3. Subject to these observations, the application for transfer of proceeding initiated by the husband-respondent for restitution of conjugal rights in the court of Civil Judge(Sr. Divn.), Kaithal, to a court of competent jurisdiction at Karnal is disposed of. [K.KANNAN] JUDGE 29th November, 2010 Shivani Kaushik