TA 606/2012 (O&M) #1# IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH TA 606/2012 (O&M) Date of decision:
03. 05.2013 Taranpreet .............Petitioner v.
Amrik Singh .............Respondent CORAM: HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.K.S.Dhillon,Advocate for the petitioner.
None for the respondent despite service.
Jaswant Singh,J(Oral).Petitioner wife has filed the present transfer application under Section 24 CPC for the transfer of divorce proceedings initiated by the husband before the learned District Judge, Kapurthala to any court of competent jurisdiction at Ludhiana.
It is stated that the marriage between the parties was solemnized on 27.12.2009 at Ludhiana.
It is stated that the parties cohabited as husband and wife at Phagwara and out of the said wedlock no child was born.
Due to dowry demand, it is alleged that the petitioner was turned out of the matrimonial home at Phagwara.
It is stated that the petitioner is not residing separately with her parents at Ludhiana.
It is further stated that the petitioner has filed two proceedings namely (i) petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 and (ii) complaint case under Sections 406/498-A IPC, which are pending at Ludhiana.
Thereafter, the respondent husband is stated to have filed the divorce proceedings which, as noticed above, are pending in the Court of learned District Judge, Kapurthala.
It is averred that the petitioner wife is a house wife, has no source of income and is fully dependent upon her parents while the respondent is not paying even a single penny for the upkeep and TA 606/2012 (O&M) #2# maintenance of petitioner wife in these circumstances, it is difficult for the petitioner to attend the proceedings initiated by the respondent husband at Kapurthala which is about 74 kms away from Ludhiana.
None has appeared on behalf of the respondent-husband despite service.
After hearing learned counsel for the petitioner and taking into account the fact that two proceedings are already pending at Ludhiana, I find that the grounds set out in the petition are sufficient to allow the petition as it is well settled that in matrimonial proceedings initiated by the husband against wife, convenience of wife must be looked at.
Reliance in this regard can be placed upon Sumita Singh v.
Kumar Sanjay and another, AIR 200.SC 396.
In view of the above, the present petition is allowed, the divorce proceedings titled as Amrik Singh versus Taranpreet @ Gaganpreet Kaur pending in the Court of learned Distt.Judge, Kapurthala is ordered to be withdrawn and transferred to the District Courts, Ludhiana for disposal in accordance with law from the stage of withdrawal.
May 03, 2013 ( JASWANT SINGH ) manot JUDGE