The High Court of Punjab & Haryana dismissed the petitioner's application seeking transfer of divorce proceedings from District Judge, Bathinda, to Mansa, finding that the short distance between the courts negates any prima facie case for transfer.
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TA 237/2013 (O&M)
Manoj Kumar #1# 2013.08.21 09:22I attest to the accuracy and integrity of this document High Court Chandigarh
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
TA 237/2013 (O&M) Date of decision: 13.8.2013
Ranjeet Kaur
.............Petitioner
v.
Sukhpal Singh
.............Respondent
CORAM: HON'BLE MR.JUSTICE JASWANT SINGH
Present:Mr. Abhishek Arora, Advocate for the petitioner. Mr. P.K.S Phoolka, Advocate for the respondent.
Jaswant Singh,J(Oral).
Petitioner wife is seeking the transfer of divorce proceedings initiated by the respondent-husband from the court of learned District Judge, Bathinda to Mansa.
It is stated that the marriage between the parties was solemnized on 2.2.2001 at Mansa. Parties cohabited as husband and wife in their matrimonial home in village Lehra Mohabbat, District Bathinda. No child was born out of the wedlock. Due to the matrimonial dispute, petitioner-wife is stated to be residing separately at her parental home at Mansa since 4.9.2001. Respondent-husband is also stated to have been convicted in a case under Sections 406/498-A IPC lodged at Mansa by the wife. It is also averred that the proceedings for enhancement of maintenance earlier granted at the rate of Rs.1500/- per month are pending before the courts at Mansa.
The ground for transfer sought is that there is already a case
#2#
TA 237/2013 (O&M)
for enhancement of maintenance pending at Mansa and, therefore, clubbing is prayed for.
On the other hand, learned counsel for the respondenthusband submits that the distance between Mansa and Bathinda is only 55 kms and that too well connected by multiple trains and State Transport facilities. He further states that the father of the wife is retired ASI, who is always available to support her daughter for pursuing her case at Bathinda.
After hearing learned counsel for the parties and keeping in view the fact that the distance between aforesaid two stations is not significant, I find that no case for transfer is made out.
Dismissed.
August 13, 2013 ( JASWANT SINGH ) manoj JUDGE
1 issue framed by the court
Whether the petition for transfer of divorce proceedings from the court of District Judge, Bathinda, to the court at Mansa is maintainable.
Ranjeet Kaur
Sukhpal Singh
Jaswant Singh
As recorded by the court registry
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