Allowed

Nidhi Saini v. Rajinder Singh

Punjab & Haryana HC9 Sept 2013TA/532/2012

Case brief

AI extract

What is this about?

This transfer application was allowed to shift a pending Section 13 Hindu Marriage Act petition from Panchkula to Karnal. The single judge prioritized the wife's convenience due to her financial dependence and distance from the Panchkula court.

What did the court decide?

The petition under Section 13 of the Hindu Marriage Act was ordered to be withdrawn and transferred to the District Court, Karnal.

Nidhi Saini Vs Rajinder Singh — Matrimonial and Divorce | Punjab & Haryana HC (2013)

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Manoj Kumar #1# 2013.09.17 10:45I attest to the accuracy and integrity of this document High Court Chandigarh

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TA 532/2012 (O&M)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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TA 532/2012 (O&M) Date of decision: 9.9.2013

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Nidhi Saini

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

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Rajinder Singh

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

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CORAM: HON'BLE MR.JUSTICE JASWANT SINGH

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Present:Mr. Parminder Singh, Advocate for the petitioner. Mr. N.P.S Kohli, 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 13 of the Hindu Marriage Act,1955 (for short “the Act”), titled Rajinder Singh Vs. Nidhi Saini from the Court of learned Addl. District Judge, Panchkula to the Court of competent jurisdiction at Karnal.

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It is stated that the marriage between the parties was solemnized on 18.11.2010 at Indri, District Karnal. Parties cohabited as husband and wife at Village Kasithal, Tehsil Babain, District Kurukshetra. No child out of the said wedlock was born. Due to dowry demand, it is alleged that the petitioner was turned out of the matrimonial home at Kurukshetra. Petitioner is stated to be now residing separately at her parental home at Karnal since 15.6.2011 where she has already filed two proceedings namely, (i) petition under

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TA 532/2012 (O&M)

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#2#

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the Domestic Violence Act and (ii) petition under Section 125 Cr.P.C.

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Thereafter, the respondent husband is stated to have filed a petition under Section 13 of the Act at Panchkula in view of his employment at Zirakpur, which, as noticed above, is pending in the Court of learned Addl. District Judge, Panchkula.

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It is averred that the petitioner wife is a house wife, has no source of income 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 Panchkula, which is about 125 kms away from Karnal.

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After hearing learned counsel for both the parties and taking into account the fact that two cases are already pending at Karnal, 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 Rajinder Singh Vs. Nidhi Saini from the Court of learned Addl. District Judge, Panchkula is ordered to be withdrawn and transferred to the District Courts, Karnal for disposal in accordance with law from the stage of withdrawal.

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September 09, 2013 manoj

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( JASWANT SINGH ) JUDGE

Nidhi Saini v. Rajinder Singh

Case brief

What is this about?

What did the court decide?

Nidhi Saini v. Rajinder Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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