TA No.172 of 2013(O&M) #1# IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH.
TA No.172 of 2013(O&M) Date of Decision:-24.09.2013 Simran (minor) ......Petitioner.
Versus Deepak Kapoor ......Respondent.
CORAM:- HON'BLE Mr.JUSTICE JASWANT SINGH Present:- Mr.Parminder Singh, Advocate for the Petitioner-wife.
None for the respondent-husband.
*** JASWANT SINGH, J.(ORAL) Petitioner wife is seeking the transfer of petition filed by the respondent-husband under Section 12-C of the Hindu Marriage Act, 1955 titled as “Deepak Kapoor versus Simran”.
from the court of learned District & Sessions Judge, Rohtak to a court of competent jurisdiction at Karnal.
It is averred that marriage between the parties was solemnized on 20.01.2012 at Haridwar.
After the marriage petitioner and respondent never cohabited as husband and wife even for a single day.
Due to matrimonial dispute, the petitioner-wife was turned out of her matrimonial home and since then she is residing at her parental home at Karnal along with her parents.
It is stated that the petitioner-wife has initiated proceedings under Section 125 Cr.PC as well as petition under Protection of Women from Domestic Violence Act 2005 on 20.10.2012 at Karnal.
It is further stated that in order to harass the petitioner-wife respondent-husband has filed petition under Section 12-C of the Hindu Marriage Act, 1955 at Rohtak.
It is further stated that it is extremely difficult for the petitioner- Mahajan Vinay 2013.09.25 10:17 I attest to the accuracy and integrity of this document at Chandigarh TA No.172 of 2013(O&M) #2# wife to pursue her case at Rohtak by travelling a distance of 125 Kms as except her old aged parents there is no male member to accompany her to Rohtak.
Upon notice none has caused appearance on behalf of the respondent-husband to contest the petition, however, I find that the grounds set out in the petition and that two cases are already pending at Karnal 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, AIR2002SC396 In view of the above, the present petition is allowed, the petition under Section 12-C of the Hindu Marriage Act, 1955 titled as “Deepak Kapoor versus Simran”.
pending in the Court at Rohtak is ordered to be withdrawn and transferred to courts of competent jurisdiction at Karnal for disposal in accordance with law from the stage of withdrawal.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 September 24, 2013 Vinay Mahajan Vinay 2013.09.25 10:17 I attest to the accuracy and integrity of this document at Chandigarh