Sukhwinder Kaur v. State Of Punjab And Another





    


  



  

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+,,+ -./  , At is the husband's suit against the wife. It is the

 wife's convenience that, therefore, must be looked at. The circumstances indicated above are sufficient to make the transfer petition absolute." =

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 < * 0 AThe cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socio- economic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer."

 The petitioner, who is the wife of respondent No.2, presently residing within the jurisdiction of the Courts at Ludhiana, is stated to be having no independent source of income and has a minor school going daughter to look after, thus, it would certainly be difficult for her to attend the Court proceedings at Ropar, which is about 80 Kms., from Ludhiana. Considering the facts and circumstances of the case and as per the settled law that in the petition filed by the husband, it is the convenience of the wife that has to be primarily seen, the present petition deserves to be allowed.

 In view of the above, the instant petition is allowed. C 1,
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8 ,- .+ is transferred to the Court of competent jurisdiction at Ludhiana. The complete record pertaining to the case shall be sent by the trial Court at Ropar, to the learned District Judge, Ludhiana, within two weeks from the date of receipt of a copy of this order. The learned District Judge, Ludhiana will entrust it to any Court of competent jurisdiction at Ludhiana.

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