Allowed

Shailza v. Sunny Malhotra

Punjab & Haryana HC12 Dec 2013TA/722/2012

Case brief

AI extract

What is this about?

The High Court of Punjab & Haryana allowed a wife's transfer application under Section 24 CPC, directing the transfer of her husband's pending divorce petition from Ludhiana to Gurdaspur. The Court held that convenience dictates transferring matrimonial suits where the wife is the petitioner against the jurisdiction where the husband resides.

What did the court decide?

Allowed the transfer application; ordered withdrawal and transfer of the divorce petition from Addl. Sessions Judge, Ludhiana to District Courts, Gurdaspur.

Shailza Vs Sunny Malhotra — Matrimonial and Divorce | Punjab & Haryana HC (2013)

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Manoj Kumar #1# 2013.12.19 10:56I attest to the accuracy and integrity of this document High Court Chandigarh

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TA 722/2012 (O&M)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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TA 722/2012 (O&M) Date of decision: 12.12.2013

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Shailza

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

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Sunny Malhotra

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

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CORAM: HON'BLE MR.JUSTICE JASWANT SINGH

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Present:Mr. Ritesh Pandey, Advocate for the petitioner. Ms. Ritu Punj, 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 12 of the Hindu Marriage Act,1955 (for short “the Act”) , titled Sunny Malhotra Vs. Shailaja Gupta from the Court of learned Addl. Sessions Judge, Ludhiana to the Court of competent jurisdiction at Gurdaspur.

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It is stated that the marriage between the parties was solemnized on 14.10.2010 Dina Nagar District Gurdaspur and out of the said wedlock a male child was born. Due to matrimonial dispute, it is alleged that the petitioner alongwith minor child was turned out of the matrimonial home at Ludhiana. Petitioner along with minor child is stated to be now residing separately at her parental home at Gurdaspur 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 722/2012 (O&M)

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Section 12 of the Act which, as noticed above, is pending in the Court of learned Addl. Sessions Judge, Ludhiana.

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It is averred that the petitioner wife 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 child and in these circumstances, it is difficult for the petitioner to attend the proceedings initiated by the respondent husband at Ludhiana, which is about 150 kms away from Gurdaspur.

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After hearing learned counsel for the parties and taking into account the fact that one petition is already pending at Gurdaspur, 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 12 of the Act titled Sunny Malhotra Vs. Shailaja Gupta from the Court of learned Addl. Sessions Judge, Ludhiana is ordered to be withdrawn and transferred to the District Courts, Gurdaspur for disposal in accordance with law from the stage of withdrawal.

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December 12, 2013 ( JASWANT SINGH ) manoj JUDGE

Shailza v. Sunny Malhotra

Case brief

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Shailza v. Sunny Malhotra

Case brief

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What did the court decide?

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