Allowed

Usha Rani Alias Madavi v. Sandeep Kumar

Punjab & Haryana HC19 Dec 2013TA/366/2013

Case brief

AI extract

What is this about?

A transfer petition was allowed. The High Court ordered the transfer of a Section 13 Hindu Marriage Act case from Chandigarh to Ambala. The court found that the petitioner wife's ease of attendance and convenience justified the transfer.

What did the court decide?

The petition filed under Section 24 CPC was allowed; the Section 13 petition filed by the respondent was ordered to be withdrawn from Chandigarh and transferred to the District Court at Ambala.

Usha Rani Alias Madavi Vs Sandeep Kumar — Matrimonial and Divorce | Punjab & Haryana HC (2013)

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Manoj Kumar #1# 2013.12.21 13:19I attest to the accuracy and integrity of this document High Court Chandigarh

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TA 366 /2013 (O&M)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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TA 366 /2013 (O&M) Date of decision: 19.12.2013

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Smt. Usha Rani

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

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Sandeep Kumar

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

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CORAM: HON'BLE MR.JUSTICE JASWANT SINGH

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Present:Mr. Bhag Singh, Advocate for the petitioner. None for the respondent-husband.

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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 Sandeep Kumar Vs. Smt. Usha Rani from the Court of learned Addl. District Judge, Chandigarh to the Court of competent jurisdiction at Ambala.

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It is stated that the marriage between the parties was solemnized on 8.12.2001 at Barouli, Tehsil and District Ambala and out of the said wedlock a male child was born. Due to dowry demand, it is alleged that the petitioner alongwith minor child was turned out of the matrimonial home at Chandigarh in 2008. Petitioner along with the minor son is stated to be residing separately at her parental home at Ambala where she has lodged an FIR under Sections 406/498A/323/506 IPC.

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#2#

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TA 366 /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 Addl. District Judge, Chandigarh.

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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 father 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 Chandigarh which is about 45 kms away from Ambala.

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None has appeared on behalf of the respondent-husband to controvert the aforesaid facts. Thus, 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 Sandeep Kumar Vs. Smt. Usha Rani from the Court of learned Addl. District Judge, Chandigarh is ordered to be withdrawn and transferred to the District Courts, Ambala for disposal in accordance with law from the stage of withdrawal.

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( JASWANT SINGH ) JUDGE

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December 19, 2013 manoj

Usha Rani Alias Madavi v. Sandeep Kumar

Case brief

What is this about?

What did the court decide?

Usha Rani Alias Madavi v. Sandeep Kumar

Case brief

What is this about?

What did the court decide?

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