Allowed

Rani Devi v. Ramesh Kumar

Punjab & Haryana HC9 Sept 2013TA/137/2013

Case brief

AI extract

What is this about?

The High Court of Punjab & Haryana transferred a divorce petition filed by the husband from Jind to Kurukshetra under Section 24 CPC. The court held that transferring the case to the Kurukshetra court, where the wife resides and a maintenance suit is pending, was necessary for her convenience.

What did the court decide?

The petition for transfer of the divorce suit from Additional District Judge-II, Jind to the District Courts, Kurukshetra is allowed; the original petition is ordered withdrawn from Jind and transferr

Rani Devi Vs Ramesh Kumar — Matrimonial and Divorce | Punjab & Haryana HC (2013)

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Manoj Kumar #1# 2013.09.17 10:45I attest to the accuracy and integrity of this document High Court Chandigarh

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TA 137/2013 (O&M)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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TA 137/2013 (O&M) Date of decision: 9.9.2013

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Rani Devi

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.............Petitioner

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Ramesh Kumar

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.............Respondent

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CORAM: HON'BLE MR.JUSTICE JASWANT SINGH

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Present:Mr. Ashit Malik, Advocate for the petitioner. Mr. R.K. Dhiman, Advocate for the respondent.

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Jaswant Singh,J(Oral).

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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 Ramesh Kumar Vs. Rani Devi from the court of learned Addl. District Judge-II, Jind to the Court of competent jurisdiction at Kurukshetra.

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It is stated that the marriage between the parties was solemnized on 23.8.1988 at Village Saguna, Districte Kaithal. Parties cohabited as husband and wife at the matrimonial home at Narwana, District Jind and two children (one son and one daughter) were born out of the said wedlock. Due to matrimonial dispute, the petitionerwife is stated to have been turned out of the matrimonial home along with 11 years old daughter on 2.9.2006 and is stated to be residing with said daughter at her parental home at Kurukshetra. The husband is stated to be resident of Panchkula where he faced criminal trial under Immoral Trafficking Act, 1956. He was engaged in the business of property dealing. Petitioner-wife is alleged to have filed a petition for maintenance under Section 125 Cr.P.C at Kurukshetra.

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#2#

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TA 137/2013 (O&M)

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Thereafter, the respondent husband filed a petition under Section 13 of the Act with a view to harass the wife by taking the plea of being resident of his ancestral home in District Jind, which, as noticed above, is pending in the Court of learned Addl. District JudgeII, Jind.

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Reply on behalf of the respondent-husband has been filed and the same is taken on record. In the reply, it has categorically been refuted that the husband is not the resident of Panchkula.

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After hearing learned counsel for the parties, it is apparent from the order dated 28.4.2011 (P.1) passed by the learned JMIC, Kurukshetra that the respondent-husband was engaged in the business of property dealing and he also filed his income tax returns at Panchkula-Chandigarh.

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In view of the aforesaid fact that the respondent-husband is resident of Panchkula and not of Jind besides taking into account the fact that one petition is already pending at Kurukshetra, 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 2002 SC 396.

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In view of the above, the present petition is allowed, the petition under Section 13 of the Hindu Marriage Act,1955 (for short “the Act”), titled Ramesh Kumar Vs. Rani Devi from the court of learned Addl. District Judge-II, Jind is ordered to be withdrawn and transferred to the District Courts, Kurukshetra for disposal in accordance with law from the stage of withdrawal.

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September 09, 2013 manoj

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( JASWANT SINGH ) JUDGE

Rani Devi v. Ramesh Kumar

Case brief

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Rani Devi v. Ramesh Kumar

Case brief

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