Allowed

Anupam Sharma v. Sudarshan Sharma

Punjab & Haryana HC4 Sept 2013TA/19/2013

Case brief

AI extract

What is this about?

Single judge allowed a transfer application under Section 24 CPC to shift a husband's restitution petition from Ropar to Sangrur. The court held that wife's convenience in matrimonial suits and existing proceedings in her district justified the transfer.

What did the court decide?

Petition under Section 13 of the Hindu Marriage Act from District Judge Ropar to be withdrawn and transferred to District Court Sangrur.

Anupam Sharma Vs Sudarshan Sharma — Matrimonial and Divorce | Punjab & Haryana HC (2013)

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Manoj Kumar #1# 2013.09.06 09:37I attest to the accuracy and integrity of this document High Court Chandigarh

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TA 19/2013 (O&M)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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TA 19/2013 (O&M) Date of decision: 4.9.2013

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Anupam Sharma

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

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Sudarshan Sharma

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

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CORAM: HON'BLE MR.JUSTICE JASWANT SINGH

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Present:Mr. Jitender Singla,Advocate for the petitioner. Mr. Naveen Batra, 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') for restitution of Conjugal Right, titled Sudarshan Sharma Vs. Anupam Sharma from the Court of learned District Judge, Ropar to the Court of competent jurisdiction at Sangrur.

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It is stated that the marriage between the parties was solemnized on 24.12.2008 at Malerkotla. Out of the said wedlock, no child was born. Due to dowry demand, it is alleged that the petitioner was turned out of the matrimonial home at Ropar. Petitioner is stated to be residing separately at her parental house at Malerkotla where she has already filed two proceedings, namely (i) petition under Section 125 Cr.P.C and (ii) petition under Section 12 of the Domestic Violence Act.

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#2#

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TA 19/2013 (O&M)

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Thereafter, the respondent husband filed a petition under Section 13 of the Act, which, as noticed above, is pending in the Court of learned District Judge, Ropar.

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It is averred that the petitioner wife is a house wife, has no source of income and is fully dependent upon her parents while the respondent is not paying even a single penny for the upkeep and maintenance of petitioner wife and in these circumstances, it is difficult for the petitioner to attend the proceedings initiated by the respondent husband at Ropar, which is about 120 kms away from Sangrur.

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After hearing learned counsel for the parties and taking into account the fact that two cases are already pending at Malerkotla, District Sangrur, 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 Act titled Sudarshan Sharma Vs. Anupam Sharma from the Court of learned District Judge, Ropar is ordered to be withdrawn and transferred to the District Courts, Sangrur for disposal in accordance with law from the stage of withdrawal.

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( JASWANT SINGH ) JUDGE

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September 04, 2013 manoj

Anupam Sharma v. Sudarshan Sharma

Case brief

What is this about?

What did the court decide?

Anupam Sharma v. Sudarshan Sharma

Case brief

What is this about?

What did the court decide?

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