Allowed

Poonam Sharma v. Anupam Sharma

Punjab & Haryana HC16 Dec 2013TA/494/2013

Case brief

AI extract

What is this about?

The High Court allowed a transfer application filed by a wife seeking to move a husband's restitution of conjugal rights petition from Panchkula to Amritsar. The transfer was ordered due to the wife's residence and reliance on the Supreme Court's decision in Sumita Singh regarding the wife's convenience.

What did the court decide?

The pending petition under Section 9 of the Hindu Marriage Act filed by the respondent in Panchkula was ordered to be transferred to the District Court, Amritsar.

Poonam Sharma Vs Anupam Sharma — Matrimonial and Divorce | Punjab & Haryana HC (2013)

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Manoj Kumar 2013.12.19 10:55 I attest to the accuracy and integrity of this document High Court Chandigarh

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TA 494/2013 (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 494/2013 (O&M) Date of decision: 16.12.2013

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Poonam Sharma

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

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Anupam Sharma

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

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CORAM: HON'BLE MR.JUSTICE JASWANT SINGH

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Present:Mr. Mukesh Kumar Bhatnagar, Advocate for the petitioner. Mr. S.S. Sudan, Advocate for the respondent.

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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 9 of the Hindu Marriage Act,1955 (for short “the Act”) for restitution of Conjugal Right, titled Anupam Sharma Vs. Poonam Sharma from the Court at Panchkula to a Court of competent jurisdiction at Amritsar.

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It is stated that the marriage between the parties was solemnized on 8.10.1997 and out of the said wedlock two children were born. Due to matrimonial dispute, it is alleged that the petitioner alongwith minor children was turned out of the matrimonial home at Panchkula on 2.7.2012. Petitioner along with minor children is stated to be now residing at her parental home at Amritsar, where she has already filed a petition under Section 125 Cr.P.C.

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Thereafter, the respondent husband filed a petition under

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#2#

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TA 494/2013 (O&M)

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Section 9 of the Act which, as noticed above, is pending in the Court at Panchkula.

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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 children 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 children and in these circumstances, it is difficult for the petitioner to attend the proceedings initiated by the respondent husband at Panchkula, which is about 250 kms away from Amritsar.

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After hearing learned counsel for the parties and taking into account the fact that one petition is already pending at Amritsar, 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 9 of the Act titled Anupam Sharma Vs. Poonam Sharma from the Court at Panchkula is ordered to be withdrawn and transferred to the District Courts, Amritsar for disposal in accordance with law from the stage of withdrawal.

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December 16, 2013 manoj

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( JASWANT SINGH ) JUDGE

Poonam Sharma v. Anupam Sharma

Case brief

What is this about?

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Poonam Sharma v. Anupam Sharma

Case brief

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