The Single Judge allowed the applicant wife's application for transfer of her husband's Section 13 Hindu Marriage Act petition from Karnal to Yamunanagar to ensure her convenience and ease of access.
Petition filed under Section 13 of the Hindu Marriage Act transferred from Karnal to Yamunanagar with record to be sent within three weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
TA No.563 of 2011
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
TA No.563 of 2011
Date of decision : 03.01.2012
Bhoti Devi
...Applicant
Versus
Bir Singh
...Respondent
CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN
Present: Mr. A.K. Khubber, Advocate for the applicant.
Mr. Sharad Aggarwal, Advocate, for the respondent.
JITENDRA CHAUHAN, J. (Oral)
the Act'), from the Court of learned Additional District Judge, Karnal, to the Court of competent jurisdiction at Yamunanagar. 2. Learned counsel for the applicant contends that the applicant filed petition under Section 125 Cr.P.C. before the Court of learned JMIC, Jagadhri, wherein the respondent has been directed to pay interim maintenance of 3,000/- per month. It is averred that as aTA No.563 of 2011 2
counterblast, the respondent-husband has filed petition under Section 13 of the Act at Karnal.
“…we are mindful of the fact that the petitioner is a lady and first respondent is a male, and, therefore, conveniencewise, a transfer to the place where the lady is residing, would be preferred by this Court unless it is shown that there are special reasons not to do so. No such special reason is shown.”
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TA No.563 of 2011
the husband, the convenience of the wife cannot be ignored.
03.01.2012 atulsethi
(JITENDRA CHAUHAN) JUDGE
Note : Whether to be referred to Reporter ? Yes / No
1 issue framed by the court
Whether a petition filed by the husband under Section 13 of the Hindu Marriage Act should be transferred from Karnal to Yamunanagar where the wife resides?
Colour shows how this judgement treated each authority
Neelam Kanwar vs Devinder Singh KanwarExplained¶6
Neelam Kanwar vs Devinder Singh Kanwar, 2001(1) M.L.J. 509 (SC)
2 provisions across 2 enactments
Bhoti Devi
Bir Singh
Jitendra Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court