Allowed

Harbans Kaur v. Darshan Singh

Punjab & Haryana HC30 Mar 2016TA/181/2016

Case brief

AI extract

What is this about?

In a transfer application under Section 24 CPC regarding a Section 13 divorce petition, the Court allowed the transfer from Sangrur to Barnala, considering the wife’s lack of income, minor child, and distance, directing the District Judge Sangrur to send the record.

What did the court decide?

Transfer of the divorce petition from District Judge Sangrur to District Judge Barnala allowed; record sent within one month.

Harbans Kaur Vs Darshan Singh — Matrimonial and Divorce | Punjab & Haryana HC (2016)

¶1

TA No. 181 of 2016

¶2

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

TA No. 181 of 2016 Date of decision: 30.3.2016

Harbans Kaur

.. Applicant

Vs.

Darshan Singh

... Respondent

CORAM: HON'BLE MR.JUSTICE RAMESHWAR SINGH MALIK

¶11

Present: Ms. Rajwinder Kaur, Advocate for Mr. Tribhawan Singla, Advocate for the applicant.

¶12

Mr. Ashok Bhardwaj, Advocate for the respondent.

¶13

¶14

RAMESHWAR SINGH MALIK, J. (Oral)

¶15

Applicant-wife, by way of instant transfer application under Section 24 of the Code of Civil Procedure, 1908, seeks transfer of a petition under Section 13 of the Hindu Marriage Act, 1955, ('HM Act' for short), filed by the respondent-husband, from Sangrur to Barnala.

¶16

Notice of motion was issued.

¶17

Heard learned counsel for the parties.

¶18

It has gone undisputed between the parties that there

¶19

were two children out of the wedlock but unfortunately one child has

¶20

AMIT KUMAR 2016.03.31 13:21 I attest to the accuracy and authenticity of this document

¶21

TA No. 181 of 2016

¶22

¶23

passed away. Applicant-wife, alongwith her minor child, is staying with her parents at village Attar Singh Wala, District Barnala. Applicant has got no regular source of income. She is living under the protective umbrella of her old parents. The respondent husband is not paying any amount of maintenance to the applicant-wife. Distance between Sangrur and Barnala is about 40 kilometers.

¶24

In view of the abovesaid fact situation obtaining in the present case, this Court is of the considered opinion that applicantwife has made out a case for transferring the divorce petition from Sangrur to Barnala. It is so said because financial status of the wife, her responsibility for bringing up the children and distance between two places, besides her convenience, are some of the relevant factors for deciding the transfer application like the present one.

¶25

The abovesaid view taken by this Court also finds support from the earlier order dated 16.03.2016 passed by this Court in TA No.945 of 2015 (Sushma and others Vs. Kapil @ Sahil Bansal), which, in turn, was based on the judgments of the Hon'ble Supreme Court, as well as different High Courts, including this Court.

¶26

No other argument was raised.

¶27

Considering the peculiar facts and circumstances of the case noted above, coupled with the reasons aforementioned, this Court is of the considered view that instant application deserves to be accepted and the same is hereby allowed. Accordingly, the learned District Judge, Sangrur, is directed to send complete record of the petition under Section 13 of the HM Act filed by the respondent-husband bearing HMA No. 53/2016 (Darshan SinghAMIT KUMAR

¶28

AMIT KUMAR 2016.03.31 13:21 I attest to the accuracy and authenticity of this document

¶29

TA No. 181 of 2016

¶30

¶31

Vs. Harbans Kaur) to the learned District Judge, Barnala, at an early date but in any case within a period of one month from the date of receipt of certified copy of this order. The learned District Judge, Barnala, is also directed either to decide the case himself or assign it to the court of competent jurisdiction, for an early decision, in accordance with law.

¶32

With the abovesaid observations made and directions issued, present transfer application stands disposed of, however, with no order as to costs.

¶33

(RAMESHWAR SINGH MALIK ) JUDGE

¶34

30.3.2016 AK Sharma

¶35

AMIT KUMAR 2016.03.31 13:21 I attest to the accuracy and authenticity of this document

Harbans Kaur v. Darshan Singh

Case brief

What is this about?

What did the court decide?

Harbans Kaur v. Darshan Singh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Risalo and Ors. Vs State of Haryana and Ors.

Ramesh Kumar Sayal Vs Shree Sanatan Dharam Sabha (Regd.)

Sandeep Dogra Vs Anju Dogra

Shivani Rana Vs Vikas Kapil Sharma

Uttar Haryana Bijli Vitran Nigam Ltd. & Anr. Vs M/S Jay Bee Industries & Ors.

Gurdeep Kaur & Ors. Vs Anil Chopra & Ors.