Allowed

Pooja v. Devender Singh

Punjab & Haryana HC3 Dec 2013TA/404/2013

Case brief

AI extract

What is this about?

In matrimonial transfer application TA 404/2013, the petitioner wife sought to shift her husband's pending divorce petition from Bhiwani to Palwal. The Court allowed the transfer considering the wife's residence in Palwal, her pending proceedings there, and the distance making attendance in Bhiwani difficult.

What did the court decide?

The petition under Section 13 of the Hindu Marriage Act pending in Bhiwani is ordered to be withdrawn and transferred to the District Court at Palwal.

Pooja Vs Devender Singh — Matrimonial and Divorce | Punjab & Haryana HC (2013)

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Manoj Kumar 2013.12.12 10:25 I attest to the accuracy and integrity of this document High Court Chandigarh

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TA 404/2013 (O&M)

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#1#

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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TA 404/2013 (O&M) Date of decision: 3.12.2013

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Smt. Pooja

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

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Devender Singh

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

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CORAM: HON'BLE MR.JUSTICE JASWANT SINGH

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Present:Mr. Pawan Gaur, Advocate for the petitioner. None for the respondent despite service.

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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 Devender Singh Vs. Smt. Pooja from the Court of learned District Judge (Family Court), Bhiwani to a Court of competent jurisdiction at Palwal.

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It is stated that the marriage between the parties was solemnized on 17.5.2011 at Hathin, District Palwal. No child was born out of the said wedlock. Due to dowry demand, it is alleged that the petitioner was turned out of the matrimonial home at Bhiwani. Petitioner is stated to be now residing separately at her parental home at Palwal, where she has already filed three proceedings namely (i) FIR under Section 498-A IPC (ii) petition under Section 12 of the Domestic Violence Act and (iii) a petition under Section 125 Cr.P.C.

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#2#

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TA 404/2013 (O&M)

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Thereafter, respondent husband filed a petition under Section 13 of the Act, which, as noticed above, is pending in the Court of learned District Judge (Family Court), Bhiwani.

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It is averred that the petitioner wife is a housewife and 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 in these circumstances, it is difficult for the petitioner to attend the proceedings initiated by the respondent husband at Bhiwani, which is about 200 kms away from Palwal.

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

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After hearing learned counsel for the petitioner and taking into account the fact that three proceedings are already pending at Palwal, 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 Devender Singh Vs. Smt. Pooja from the Court of learned District Judge (Family Court), Bhiwani is ordered to be withdrawn and transferred to the District Courts, Palwal for disposal in accordance with law from the stage of withdrawal.

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( JASWANT SINGH ) JUDGE

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December 03, 2013 manoj

Pooja v. Devender Singh

Case brief

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Pooja v. Devender Singh

Case brief

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