The High Court at Chandigarh disposed of a transfer application regarding a pending petition for restitution of conjugal rights. The court directed payment of travelling allowances to the wife during her attendance in the main proceedings.
Direction that petitioner-wife be paid Rs.1000/- per attendance as travelling expenses in the pending petition.
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.
Manoj Kumar 2013.10.03 10:23 I attest to the accuracy and integrity of this document High Court Chandigarh
T.A.No.115 of 2013 (O&M) #1#
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
T.A.No.115 of 2013 (O&M)
Date of Decision: 27.9.2013
Monika
.....Petitioner(s)
Versus
Hari Dass
....Respondent(s)
CORAM: HON'BLE MR. JUSTICE JASWANT SINGH
Present: Mr. Nikhil Sharma, Advocate for the petitioner.
Mr. J.S. Saini, Advocate for the respondent.
JASWANT SINGH, J (ORAL)
Petitioner-wife is seeking the transfer of a petition for restitution of conjugal rights filed by the respondent-husband from the court of learned District Judge, Kurukshetra to a court of competent jurisdiction at Patiala.
Marriage between the parties was solemnized on 13.3.2007 at Patiala. They cohabited as husband and wife at their matrimonial home at Kurukshetra and out of their wedlock, two daughters were born. Due to matrimonial dispute, the wife is stated to be residing at her parental home at Patiala since July 2012. Two minor daughters are residing with the husband at Kurukshetra.
Distance between Kurukshetra and Patiala is stated to be 80
kms.
T.A.No.115 of 2013 (O&M) #2#
At the time of hearing, learned counsel for the respondent, on instructions from the respondent-husband, who is present in court, submits that he is willing to pay travelling allowance at the rate of Rs.1000/- per attendance to the wife in the aforesaid petition for restitution of conjugal rights pending at Kurukshetra.
Learned counsel for the petitioner-wife accepts that position.
In view of the aforesaid agreed stand, this petition is disposed of with the direction that the petitioner-wife would be entitled to be paid Rs.1000/- per attendance as travelling expenses in the aforesaid pending petition for restitution of conjugal rights at Kurukshetra.
September 27, 2013 ( JASWANT SINGH ) manoj JUDGE
1 issue framed by the court
Whether a petition for transfer of a restitution of conjugal rights pending in Kurukshetra to Patiala should be granted given the parties' agreement on travel expenses.
Monika
Hari Dass
JASWANT SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
