Allowed

Ravinder Kaur @ Renu v. Paramjit Singh and Ors.

Punjab & Haryana HC10 Dec 2013TA/290/2013

Case brief

AI extract

What is this about?

In TA 290/2013, the High Court dismissed the transfer application by the petitioner-wife seeking to transfer her husband’s Section 9 restitution petition from Karnal to Yamunanagar, noting she already had three proceedings pending at Yamunanagar. The court allowed the transfer application based on prima facie convenience and ordered withdrawal, transferring the petition to Yamunanagar.

What did the court decide?

Petition allowed; Section 9 petition withdrawn and transferred to District Courts, Yamunanagar.

Ravinder Kaur @ Renu Vs Paramjit Singh and… — Matrimonial and Divorce | Punjab & Haryana HC (2013)

¶1

Manoj Kumar #1# 2013.12.12 10:24I attest to the accuracy and integrity of this document High Court Chandigarh

¶2

TA 290/2013 (O&M)

¶3

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

¶4

TA 290/2013 (O&M) Date of decision: 10.12.2013

¶5

Ravinder Kaur

¶6

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

¶7

¶8

Paramjit Singh

¶9

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

¶10

CORAM: HON'BLE MR.JUSTICE JASWANT SINGH

¶11

Present:Mr. Arun Singh, Advocate for Mr. S.S. Nara, Advocate for the petitioner. None for the respondent.

¶12

Jaswant Singh,J(Oral).

¶13

Petitioner wife has filed the present transfer application under Section 24 CPC for the transfer of petition filed by respondent husband under Section 9 of the Hindu Marriage Act,1955 (for short “the Act”) for restitution of Conjugal Right, titled Paramjit Singh Vs. Smt. Ravinder Kaur @ Renu from the Court of learned District Judge, Karnal to the Court of competent jurisdiction at Yamunanagar.

¶14

It is stated that the marriage between the parties was solemnized on 25.3.2007 at Village Paharipur, District Yamunanagar and out of the said wedlock a male child was born on 06.09.2008. Due to dowry demand, it is alleged that the petitioner alongwith minor child was turned out of the matrimonial home at Karnal on 30.9.2009. Petitioner along with the minor child is stated to be now residing separately at her parental home at Yamunanagar where she has already

¶15

TA 290/2013 (O&M)

¶16

#2#

¶17

filed three proceedings, namely (i) FIR under Sections 323/498-A/406 IPC (ii) petition under Section 125 Cr.P.C and (iii) petition under the domestic violence Act.

¶18

Thereafter, the respondent husband filed a petition under Section 9 of the Act which, as noticed above, is pending in the Court of learned District Judge, Karnal.

¶19

It is averred that the petitioner wife is a house wife, has no source of income and she alongwith her minor child 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 minor child and in these circumstances, it is difficult for the petitioner to attend the proceedings initiated by the respondent husband at Karnal, which is about 60 kms away from Yamunanagar.

¶20

None has appeared on behalf of the respondent-husband to controvert the aforesaid facts.

¶21

After hearing learned counsel for the petitioner and taking into account the fact that three proceedings are already pending at Yamunanagar, 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.

¶22

In view of the above, the present petition is allowed, the petition under Section 9 of the Act, titled Paramjit Singh Vs. Smt. Ravinder Kaur @ Renu from the Court of learned District Judge, Karnal is ordered to be withdrawn and transferred to the District Courts, Yamunanagar for disposal in accordance with law from the stage of withdrawal.

¶23

December 10, 2013 manoj

¶24

( JASWANT SINGH ) JUDGE

Ravinder Kaur @ Renu v. Paramjit Singh and Ors.

Case brief

What is this about?

What did the court decide?

Ravinder Kaur @ Renu v. Paramjit Singh and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Jatinder Singh & Ors. Vs Sher Singh & Ors.

Amrik Singh Vs Mohan Singh & Ors.

Kailash Chand Vs Alka Kanodia & Ors.

Komal Sondhi Vs Manu Sondhi

Jyoti Kumari Vs Rashpal Singh

Neelam Vs Vinod Kumar