Allowed

Anju Rani v. Prem Chand

Punjab & Haryana HC9 Dec 2008TA/215/2007

Case brief

AI extract

What is this about?

The High Court allowed an application for transfer of a divorce petition from the Bathinda court to Sangrur. The transfer was granted based on the applicant's residence, lack of income, minor child custody, and pending Section 125 case in Sangrur.

What did the court decide?

Divorce petition of Prem Chand vs. Anju Rani transferred from Additional District Judge, Bathinda, to District Judge, Sangrur.

Anju Rani Vs Prem Chand — Matrimonial and Divorce | Punjab & Haryana HC (2008)

¶1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶2

TA No.215 of 2007 (O&M Date of Decision: 9.12.2008

Anju Rani

.... Applicant

vs.

Prem Chand

.... Respondent

Coram: Hon'ble Mr. Justice Rajive Bhalla. Present: Mr. Anil Kumar Garg, Advocate for the applicant.

¶9

Rajive Bhalla, J, (Oral)

¶10

Prayer in this application is for transfer of a divorce petition filed under Section 13 of the Hindu Marriage Act, 1955 titled as “Prem Chand vs. Anju Rani”, pending in the court of Additional District Judge, Bathinda, to the court of District Judge, Sangrur.

¶11

Counsel for the applicant submits that the applicant is residing at her paternal home along with her minor son. She has no source of income and is not educated enough to take up a job. The applicant's father is a class IV employee at Sangrur and is not in a position to support the applicant financially. The applicant has also filed an application under Section 125 of the Criminal Procedure Code, which is pending before Chief Judicial Magistrate, Sangrur. In view of the above facts, the divorce petition be transferred to the court of District Judge, Sangrur.

¶12

On 8^th September, 2008, Sh. Kamaljit Singh, counsel for the respondent was allowed to withdraw from the case. A fresh notice was issued to the respondent, returnable on 3^rd October, 2008. On 3^rd October, 2008, a notice was again issued for 9^th December, 2008. As per office report, respondent has refused to accept the notice. It appears that the respondent is not interested in opposing the prayer for transfer of divorce

TA No.215 of 2007

-2-

petition.

In view of what has been noticed hereinabove, particularly the obligation of the applicant to look after a minor child, interest of justice would require that the divorce petition is transferred to Sangrur.

¶17

Consequently, the transfer application is allowed. The divorce petition titled as “Prem Chand vs. Anju Rani” is transferred from the court of Additional District Judge, Bathinda, to the court of District Judge, Sangrur. The Additional District Judge, Bathinda, shall forthwith forward the file of the aforementioned case to the District Judge, Sangrur, who shall upon receipt of the file, either try the case himself or entrust it to any other court of competent jurisdiction.

¶18

Parties are directed to appear before the District Judge, Sangrur, on 12.01.2009.

¶19

9.12.2008 sk

¶20

(Rajive Bhalla) Judge

Anju Rani v. Prem Chand

Case brief

What is this about?

What did the court decide?

Anju Rani v. Prem Chand

Case brief

What is this about?

What did the court decide?

What the court decided

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