Allowed

Shameena v. Hasandin

Punjab & Haryana HC13 Dec 2013TA/46/2013

Case brief

AI extract

What is this about?

The High Court allowed a transfer petition by a wife seeking to move her husband's suit for annulling the marriage from Malerkotla to Patiala. The Court held that the wife's convenience was paramount in such proceedings, given her residence and pending maintenance case in Patiala.

What did the court decide?

The suit for annulment filed by the respondent at Malerkotla was ordered to be transferred to the District Courts, Patiala.

Shameena Vs Hasandin — Matrimonial and Divorce | Punjab & Haryana HC (2013)

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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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T. A No.46 of 2013 (O&M)

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

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T. A No.46 of 2013 (O&M)

Shameena

.....Petitioner(s)

Versus

Hasandin

....Respondent(s)

CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. D.S. Randhawa, Advocate for the petitioner. None for the respondent.

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JASWANT SINGH, J (ORAL)

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Petitioner-wife is seeking the transfer of a suit filed by the respondent-husband seeking annulment of their marriage, from the court of learned Addl. Civil Judge (Sr. Division), Malerkotla to a court of competent jurisdiction at Patiala.

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The marriage between the parties is stated to have solemnized on 25.12.2010 in accordance with rites and ceremonies of Muslim law at Village Hari Majra, Tehsil Rajpura, District Patiala. Parties cohabited as husband and wife at Malerkotla, District Sangrur. Due to the allegation made by the respondent-husband against the petitioner-wife that she has illicit relations with some other person, a matrimonial dispute arose, and since 27.7.2012, the petitioner-wife is stated to be residing separately in District Patiala, where she has already filed a petition for maintenance under Section 125 Cr.P.C , which is pending before the District courts at Patiala.

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As a counter blast, respondent-husband filed a suit for declaration at Malerkotla (P.1) that the petitioner is no longer his wife in view of his having executed a Talaknama dated 15.10.2012.

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#2#

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T. A No.46 of 2013 (O&M)

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The ground made for transfer is that the petitioner is a poor lady and residing at Patiala, and it is difficult for her to travel from Malerkotla to Patiala , which is about 70 kms and no prejudice would be caused to the respondent-husband if the aforesaid suit is transferred to Patiala where the respondent-husband is already appearing in a case for maintenance filed by the petitioner.

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Upon notice, on one of the dates, respondent himself had put in appearance and sought time to file reply but neither any reply has been filed nor has anyone caused appearance on his behalf.

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After hearing learned counsel for the petitioner and taking into account the fact that one case is already pending at Patiala, 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 suit filed by the respondent-husband seeking annulment of their marriage, from the court of learned Addl. Civil Judge (Sr. Division), Malerkotla is ordered to be withdrawn and transferred to the District Courts, Patiala for disposal in accordance with law from the stage of withdrawal.

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December 13, 2013 ( JASWANT SINGH ) manoj JUDGE

Shameena v. Hasandin

Case brief

What is this about?

What did the court decide?

Shameena v. Hasandin

Case brief

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What did the court decide?

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