Petitioner wife sought transfer of her divorce petition from Mohali to Ludhiana citing financial dependence and lack of accompaniment. Court found the distance manageable and denied transfer.
Petition for transfer of divorce petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
TA 523/2012(O&M)
1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
TA 523/2012(O&M) Date of decision:10/09/2013
Satwinder Kaur Chauhan
.............Petitioner
v.
Jagdev Singh Chauhan
.............Respondent
CORAM: HON'BLE MR.JUSTICE JASWANT SINGH
Present:Mr.Vaibhav Sehgal,Advocate for the petitioner/wife Mr.RS Pandher,Advocate for the respondent/husband
Jaswant Singh,J.(Oral)
The petitioner wife is seeking transfer of divorce petition titled Jagdev Singh Chauhan v Satwinder Kaur Chauhan, under Section 13 of the Hindu Marriage Act,1955 filed by the respondent husband from the Court of Additional District Judge, SAS Nagar(Mohali) to any Court of competent jurisdiction at Ludhiana.
It is averred that the marriage between the parties was solemnised on 26.5.1993 at Ludhiana and out of the said wedlock two sons were born on 16.1.1997 and 12.4.1999. The petitioner and respondent are residing separately since May 2011, when she was allegedly thrown out of her matrimonial home.
Transfer of the divorce petitionis sought primarily on the
ground that the petitioner is financially dependent upon her parents and there is no person in her parental home to accompany her to
Joshi Rajinder Prashad 2013.09.13 17:05 I attest to the accuracy of this Order. High Court, Chandigarh.
TA 523/2012(O&M)
2
Mohali.
This Court, keeping in view the interest of the children, had vide order dated 19.3.2013 referred the parties to Mediation and Conciliation Center of this Court, however, unfortunately the mediation proceedings have failed.
Heard learned counsel for the parties.
It is not disputed that issue in the divorce proceedings have
already been framed and the trial court has further ordered the payment of travelling allowance to the petitioner wife @ Rs.500/- per visit. Further, the distance of about 90 kms. between Mohali and Ludhiana is not a long distance besides being well connected by road and State Transport facilities warranting petitioner to be accompanied by someone or to transfer the divorce petition, as prayed.
Dismissed.
10.09.2013. (Jaswant Singh) joshi Judge
Joshi Rajinder Prashad 2013.09.13 17:05 I attest to the accuracy of this Order. High Court, Chandigarh.
1 issue framed by the court
Whether the petition for transfer of divorce proceedings from Mohali to Ludhiana should be allowed given the petitioner's financial dependence and separateness.
1 provisions across 1 enactments
Satwinder Kaur Chauhan
Jagdev Singh Chauhan
Jaswant Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
