TA No.84 of 2013(O&M) #1# IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH.
TA No.84 of 2013(O&M) Date of Decision:-19.07.2013 Manju......Petitioner.
Versus Devender Singh......Respondent.
CORAM:- HON'BLE Mr.JUSTICE JASWANT SINGH Present:- Mr.Sandeep Moudgil, Advocate for the Petitioner-wife.
None for the respondent-husband.
*** JASWANT SINGH, J.(ORAL) Petitioner wife has filed the present transfer application under Section 24 of the Code of Civil Procedure for the transfer of divorce proceedings under Section 13 of the Hindu Marriage Act, 1955 initiated by respondent-husband titled as “Devender Singh versus Manju”.
from the Court at District Jind to the Court of competent jurisdiction at Karnal.
It is averred that marriage between the parties was solemnized on 29.10.2009 at Karnal and the parties cohabited at Jind as husband and wife and one girl child namely, Janvi, was born out of this wedlock.
Due to matrimonial dispute, petitioner-wife was turned out of her matrimonial home along with her minot daughter on 09.07.2012 and since then she is stated to be residing at her parental house in Karnal.
It is averred that petitioner-wife has filed proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005 as well as under Section 125 of the Cr.PC for grant of maintenance for herself and for the minot daughter at Karnal.
It is further averred that in order to harass the petitioner-wife and as a counter blast, respondent Mahajan Vinay 2013.07.20 14:33 I attest to the accuracy and integrity of this document at Chandigarh TA No.84 of 2013(O&M) #2# husband has filed the proceedings under Section 13 of the Hindu Marriage Act at Jind.
It is further averred that it is very difficult for the petitioner- wife to pursue her case at Jind which is at a distance of 90-100 Kms from Karnal as there being no male member to accompany her to Jind.
Upon notice none has appeared to contest the petition on behalf of the respondent-husband, however, 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 petition under Section 13 of the Hindu Marriage Act, 1955 titled as “Devender Singh versus Manju”.
pending in the Court at Jind is ordered to be withdrawn and transferred to courts of competent jurisdiction at Karnal for disposal in accordance with law from the stage of withdrawal.
( JASWANT SINGH ) JUDGE July 19, 2013 Vinay Mahajan Vinay 2013.07.20 14:33 I attest to the accuracy and integrity of this document at Chandigarh