Allowed

Kavita Devi v. Munish Kumar

Punjab & Haryana HC4 Sept 2013TA/194/2013

Case brief

AI extract

What is this about?

This transfer application under Section 24 CPC sought to move a pending divorce petition from the Family Court, Hisar, to the District Court, Jhajjar. The transfer was requested due to distance, the husband's posting in Jhajjar, and an existing FIR. With the husband's consent, the petition was allowed. The original petition was ordered withdrawn from Hisar and transferred to Jhajjar.

What did the court decide?

Transfer of the divorce petition from the Court of District Judge, Family Court, Hisar, to the District Court, Jhajjar.

Kavita Devi Vs Munish Kumar — 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 194/2013 (O&M)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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TA 194/2013 (O&M) Date of decision: 4.9.2013

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Kavita Devi

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

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Munish Kumar

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

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CORAM: HON'BLE MR.JUSTICE JASWANT SINGH

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Present:Mr. A.P.S Sidhu,Advocate for the petitioner. Mr. Surinder Gaur, 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 Munish Kumar Vs. Kavita Devi from the Court of learned District Judge, Family Court, Hisar to the Court of competent jurisdiction at Jhajjar.

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It is stated that the marriage between the parties was solemnized on 15.1.2000 at Village Amadal Shahpur, Tehsil Mattan Hail, District Jhajjar. The parties cohabited as husband and wife in Hisar and out of the wedlock, a daughter was born on 12.8.2003 and a son was born on 2.2.2006. Due to matrimonial Dispute, the wife is stated to be residing separately at her parental home in District Jhajjar since 16.9.2012. It is stated that the wife has filed an FIR under Sections 406/498-A IPC against the husband at Jhajjar. The custody of

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TA 194/2013 (O&M)

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#2#

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two minor children is with the family of the husband, who is concededly posted as Kanungo at Jhajjar.

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The husband, however, has filed a divorce petition under Section 13 of the Act, which as noticed above, is pending before the learned District Judge, Family Court, Hisar.

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The prayer for transfer from Hisar to Jhajjar is made on the ground of inconvenience of distance of 100 kms as also the pending FIR and more so due to the posting of the husband at Jhajjar itself. Upon notice, learned counsel for the respondent-husband states that he has no objection if the proceedings are transferred from Hisar to Jhajjar.

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In view of the aforesaid agreed stand, the present petition is allowed, the petition under Section 13 of the Act titled Munish Kumar Vs. Kavita Devi from the Court of learned District Judge, Hisar is ordered to be withdrawn and transferred to the District Courts, Jhajjar for disposal in accordance with law from the stage of withdrawal.

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September 04, 2013 manoj

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( JASWANT SINGH ) JUDGE

Kavita Devi v. Munish Kumar

Case brief

What is this about?

What did the court decide?

Kavita Devi v. Munish Kumar

Case brief

What is this about?

What did the court decide?

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