T.A.No.66 of 2012 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH T.A.No.66 of 2012 Date of Decision.10.12.2012 Geeta Rani wife of Jaivir Singh d/o Sajjan Kumar .......Petitioner Versus Jaivir Singh son of Shri Ram Kumar .......Respondent Present: Mr.Sanjiv Gupta, Advocate for the petitioner.
Mr.Raghuvir Singh Madan, Advocate for the respondent.
CORAM:HON'BLE Mr.JUSTICE K.
KANNAN 1
Whether Reporters of local papers may be allowed to see the judgment ?.
No 2.
To be referred to the Reporters or No.?.
No 3.
Whether the judgment should be reported in the Digest?.
No -.- K.
KANNAN J.(ORAL) 1.
The petition for transfer is sought by the wife on the ground that the husband has filed a petition for divorce, which is pending in Chandigarh and it is very difficult for her to contest the case at Chandigarh when she herself is residing at Sirsa.
According to her, she has a child and she has not been provided for maintenance compelling her to resort to petition for maintenance under Section 125 Cr.P.C.before a competent court.
It is also contended that at SiRs.there are two other cases pending, one is a complaint filed under Protection of Women from Domestic Violence Act, 2005 and another is for alleged offence under Section 498A IPC.”
2. It appears that the husband had previously filed application for restitution of conjugal rights under Section 9 at Bhiwani, which was T.A.No.66 of 2012 -2- ordered to be transferred at SiRs.by this Court on 10.07.2006 at the instance of the wife.”
3. Learned counsel for the respondent has vehement objection to the contentions raised by the petitioner but I find that the grounds set forth in the petition are sufficient to sustain the petition and I order the transfer accordingly.
The case pending before the Additional District and Sessions Judge, Chandigarh is ordered to be withdrawn and transferred to the Court at SiRs.for disposal in accordance with law.”
4. The petitioner will be at liberty to seek for direction for maintenance and litigation expenses, which she is making before this Court and when such a request is made before the trial Court that shall be considered and appropriate orders shall be passed before the case is taken up for trial.”
5. The transfer application is allowed.
The parties shall appear before the Court at SiRs.on 19.01.2013.
(K.
KANNAN) JUDGE December 10, 2012 Pankaj*