Allowed

Harmeet Kaur v. Manpreet Singh

Punjab & Haryana HC4 Jan 2012TA/343/2011

Case brief

AI extract

What is this about?

The High Court allowed the wife's application to transfer her husband's Section 9 Hindu Marriage Act petition from Ludhiana to Amritsar. Citing her residence at Amritsar with young parents, lack of income, and physical distance, the Court found the balance of convenience favored her. The petition was transferred to Amritsar with directions for record transmission.

What did the court decide?

Transfer of petition 'Manpreet Singh vs. Harmeet Kaur' from Civil Judge, Ludhiana to District Judge, Amritsar.

Harmeet Kaur Vs Manpreet Singh — Matrimonial and Divorce | Punjab & Haryana HC (2012)

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TA No.343 of 2011

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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TA No.343 of 2011 Date of decision: 4.1.2012

Harmeet Kaur

....Applicant

Versus

Manpreet Singh

...Respondent

CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN

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Present: Mr.VK Sandhir, Advocate for the applicant.

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Mr.Harish Sharma, Advocate for the respondent

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Jitendra Chauhan, J.(Oral)

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The present application under Section 24 read with Section 151 of the Code of Civil Procedure has been filed by the applicant/wife, seeking transfer of the petition titled as Manpreet Singh vs. Harmeet Kaur ', filed by the respondent/husband under Section 9 of the Hindu Marriage Act, 1955, (for short the Act') from the court of learned Civil Judge (Junior Division), Ludhiana, to the court of competent jurisdiction at Amritsar.

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I have heard the learned counsel for the parties and perused the

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case file.

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From the perusal of case file, it emerges that the applicant, after having been ousted from the matrimonial home, is presently residing with her parents at Amritsar. She is maintaining the minor girl child born out of the wedlock. There are averments of continuous beatings and harassment of

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TA No.343 of 2011 2

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the applicant by the respondent. She has no source of income and therefore, it would be difficult for her to attend the court proceedings at Ambala on each and every date.

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Considering the facts that the applicant alongwith her minor child is residing at the mercy of her old parents at Amritsar; it would certainly be difficult for the wife, having no source of income and saddled with the responsibility of raising her minor daughter, to attend the court proceedings at Ludhiana, which is at distance of 150 Kms. In a petition filed by the husband, primarily the convenience of the wife is to be seen, therefore, in my opinion, the balance of convenience is in favour of the wife, the applicant. Accordingly, the present application deserves to be allowed.

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In view of the above, the instant transfer application is allowed, petition under Section 9 of the Act titled as ‘Manpreet Singh vs. Harmeet Kaur' is withdrawn from the Court of learned Civil Judge (Junior Division), Ludhiana and is transferred to the court of competent jurisdiction at Amritsar. The complete record pertaining to the case in question shall be sent by the trial Court at Ludhiana, to the learned District Judge, Amritsar, within two weeks from the date of receipt of a copy of this Order. The learned District Judge, Amritsar will either dispose it of himself or entrust it to any Court of competent jurisdiction at Amritsar.

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The parties shall appear before the Court of learned District Judge, Amritsar, on 4.2.2012 at 10 AM

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(JITENDRA CHAUHAN) JUDGE

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4.01.2012 gsv

Harmeet Kaur v. Manpreet Singh

Case brief

What is this about?

What did the court decide?

Harmeet Kaur v. Manpreet Singh

Case brief

What is this about?

What did the court decide?

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