Allowed

Pinki Bhatti v. Soni Bhatti

Punjab & Haryana HC12 Dec 2013TA/5/2013

Case brief

AI extract

What is this about?

A single judge allowed a transfer application (TA 5/2013) seeking to move a restitution of conjugal rights petition from Gurdaspur to Faridkot. Considering the petitioner's residence, dependence on parents, and existing pending cases in Faridkot, the court held that the wife's convenience is paramount in such proceedings.

What did the court decide?

The petition under Section 32 of the Indian Divorce Act filed by the respondent in Gurdaspur is withdrawn and transferred to the District Courts, Faridkot.

Pinki Bhatti Vs Soni Bhatti — Matrimonial and Divorce | Punjab & Haryana HC (2013)

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TA 5/2013 (O&M)

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Manoj Kumar #1# 2013.12.19 10:55I attest to the accuracy and integrity of this document High Court Chandigarh

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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TA 5/2013 (O&M) Date of decision: 12.12.2013

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Pinki Bhatti

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

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Soni Bhatti

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

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CORAM: HON'BLE MR.JUSTICE JASWANT SINGH

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Present:Mr. Ashish Gupta, Advocate for the petitioner. Mr. R.K. Arya, 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 32 of the Indian Divorce Act (for short “the Act”) for restitution of conjugal rights, titled Soni Bhatti Vs. Pinki Bhatti from the Court of learned Addl. District Judge, Gurdaspur to the Court of competent jurisdiction at Faridkot.

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It is stated that the marriage between the parties was solemnized on 24.2.2011 at Kotkapura, District Faridkot as per Christian rites and out of the said wedlock a male child was born. Due to matrimonial dispute, it is alleged that the petitioner alongwith minor child was turned out of the matrimonial home at Gurdaspur. Petitioner along with minor child is stated to be now residing separately at her parental home at Faridkot, where she has already filed two proceedings, namely (i) a petition under Section 125 Cr.P.C and (ii)

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#2#

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TA 5/2013 (O&M)

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complaint under Sections 406/498-A IPC.

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Thereafter, the respondent husband filed a petition under Section 32 of the Act which, as noticed above, is pending in the Court of learned Addl. District Judge, Gurdaspur.

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It is averred that the petitioner wife is a housewife and fully dependent upon her parents while the respondent is not paying even a single penny for the upkeep and maintenance of petitioner wife and minor child and in these circumstances, it is difficult for the petitioner to attend the proceedings initiated by the respondent husband at Gurdaspur, which is about 200 kms away from Faridkot.

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After hearing learned counsel for the parties and taking into account the fact that two cases are already pending at Faridkot, 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 32 of the Act titled Soni Bhatti Vs. Pinki Bhatti from the Court of learned Addl. District Judge, Gurdaspur is ordered to be withdrawn and transferred to the District Courts, Faridkot for disposal in accordance with law from the stage of withdrawal.

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December 12, 2013 ( JASWANT SINGH ) manoj JUDGE

Pinki Bhatti v. Soni Bhatti

Case brief

What is this about?

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Pinki Bhatti v. Soni Bhatti

Case brief

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