Date of Decision: 17.5.2013 Vs. Amit Jindal - Court Judgment

SooperKanoon Citationsooperkanoon.com/1069389
CourtPunjab and Haryana High Court
Decided OnMay-17-2013
AppellantDate of Decision: 17.5.2013
RespondentAmit Jindal
Excerpt:
t.a.no.149 of 2013 (o&m) #1# in the high court for the states of punjab and haryana at chandigarh t.a.no.149 of 2013 (o&m) date of decision:17. 5.2013 lakshmi gupta .....petitioner(s) versus amit jindal ....respondent(s) coram: hon'ble mr.justice jaswant singh present: mr.c.s.sharma, 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 petition filed by respondent husband under section 13 of the hindu marriage act,1955 (for short “the act”.) , titled amit jindal versus lakshmi gupta from the court of learned district judge, fatehgarh sahib to a court of competent jurisdiction at ambala. it is stated that the marriage between the parties was solemnized on 24.6.2012 and out of their wedlock, no child was born. due to dowry demand, it is alleged that the petitioner was turned out of the matrimonial home at fatehgarh sahib. petitioner is stated to be residing separately at her parental home at ambala. it is stated that the petitioner has filed a petition under section 125 cr.p.c, which is pending at ambala. it is further stated that the respondent husband filed a petition under section 13 of the act which, as noticed above, is pending in the court of learned district judge, fatehgarh sahib. it is averred that the petitioner wife is a house wife, has no source of income and she is fully dependent upon her parents while the t.a.no.149 of 2013 (o&m) #2# respondent is not paying even a single penny for the upkeep and maintenance of petitioner wife and in these circumstances, it is difficult for the petitioner to attend the proceedings initiated by the respondent husband at fatehgarh sahib , which is about 70 kms away from ambala. after hearing learned counsel for the parties, 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 act, titled amit jindal versus lakshmi gupta from the court of learned district judge, fatehgarh sahib is ordered to be withdrawn and transferred to the district courts, ambala for disposal in accordance with law from the stage of withdrawal. may 17, 2013 ( jaswant singh ) manot judge
Judgment:

T.A.No.149 of 2013 (O&M) #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH T.A.No.149 of 2013 (O&M) Date of Decision:

17. 5.2013 Lakshmi Gupta .....Petitioner(s) Versus Amit Jindal ....Respondent(s) CORAM: HON'BLE Mr.JUSTICE JASWANT SINGH Present: Mr.C.S.Sharma, 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 petition filed by respondent husband under Section 13 of the Hindu Marriage Act,1955 (for short “the Act”.) , titled Amit Jindal versus Lakshmi Gupta from the Court of learned District Judge, Fatehgarh Sahib to a court of competent jurisdiction at Ambala.

It is stated that the marriage between the parties was solemnized on 24.6.2012 and out of their wedlock, no child was born.

Due to dowry demand, it is alleged that the petitioner was turned out of the matrimonial home at Fatehgarh Sahib.

Petitioner is stated to be residing separately at her parental home at Ambala.

It is stated that the petitioner has filed a petition under Section 125 Cr.P.C, which is pending at Ambala.

It is further stated that the respondent husband filed a petition under Section 13 of the Act which, as noticed above, is pending in the Court of learned District Judge, Fatehgarh Sahib.

It is averred that the petitioner wife is a house wife, has no source of income and she is fully dependent upon her parents while the T.A.No.149 of 2013 (O&M) #2# respondent is not paying even a single penny for the upkeep and maintenance of petitioner wife and in these circumstances, it is difficult for the petitioner to attend the proceedings initiated by the respondent husband at Fatehgarh Sahib , which is about 70 kms away from Ambala.

After hearing learned counsel for the parties, 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 Act, titled Amit Jindal versus Lakshmi Gupta from the Court of learned District Judge, Fatehgarh Sahib is ordered to be withdrawn and transferred to the District Courts, Ambala for disposal in accordance with law from the stage of withdrawal.

May 17, 2013 ( JASWANT SINGH ) manot JUDGE