Allowed

Nirmal Kumari v. Bijender Singh

Punjab & Haryana HC15 Mar 2016TA/803/2015

Case brief

AI extract

What is this about?

This court allowed two transfer applications under Section 24 CPC seeking to shift matrimonial proceedings from Hisar to Chandigarh. Considering the applicants' residence in Chandigarh, their minor children, and the practical difficulty of traveling over 225 km, the court directed the transfer of the records to the District Judge, Chandigarh.

What did the court decide?

Transfer of matrimonial petitions DMC 523/2015 and DMC 524/2015 from District Court, Hisar to District Court, Chandigarh.

Nirmal Kumari Vs Bijender Singh — Matrimonial and Divorce | Punjab & Haryana HC (2016)

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TA No. 803 of 2015 TA No. 805 of 2015

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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TA No. 803 of 2015 Date of decision: 15.3.2016

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Nirmal Kumari .. Applicant Vs. Bijender Singh ... Respondent 2. TA No. 805 of 2015 Hitesh Kumari .. Applicant Vs. Lalit Kumar ... Respondent

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CORAM: HON'BLE MR.JUSTICE RAMESHWAR SINGH MALIK

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Present: Mr. Kamal Singh, Advocate for the applicants.

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Ms. Shalini Atri, Advocate for the respondents.

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RAMESHWAR SINGH MALIK, J. (Oral)

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By way of these two transfer applications under Section 24

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of the Code of Civil Procedure, 1908, applicants are seeking transfer

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AMIT KUMAR 2016.03.21 17:48 I attest to the accuracy and authenticity of this document

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TA No. 803 of 2015 TA No. 805 of 2015

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of petitions under Section 9 of the Hindu Marriage Act, 1955, ('HM Act' for short), bearing case No. DMC 523/2015 (Lalit Kumar Vs. Hitesh Kumari) and case No. DMC 524/2015 (Bijender Singh Vs. Nirmal Kumari), pending at Hisar to a court of competent jurisdiction at Chandigarh.

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Notice of motion was issued and proceedings before the learned court at Hisar were stayed.

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Heard learned counsel for the parties.

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Both the applicants are having minor children and are residing at Chandigarh. They expressed their difficulty in pursuing the litigation while going from Chandigarh to Hisar, which seems to be a genuine one. Distance between Chandigarh and Hissar is more than 225 kilometers.

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After hearing learned counsel for the parties and careful perusal of record of the case, this Court is of the considered opinion that keeping in view the peculiar facts and circumstances of the cases, both these transfer applications deserve to be accepted and the same are hereby allowed. It is so said because convenience of the wife, particularly in the matrimonial matters, is one of the relevant factors for deciding the transfer applications, like the present ones.

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Accordingly, the learned District Judge, Hisar, is directed to send complete record of the abovesaid petitions bearing case No. DMC 523/2015 (Lalit Kumar Vs. Hitesh Kumari) and case No. DMC 524/2015 (Bijender Singh Vs. Nirmal Kumari), to the learned District Judge, Chandigarh, at an early date but in any case within a period

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AMIT KUMAR 2016.03.21 17:48 I attest to the accuracy and authenticity of this document

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TA No. 803 of 2015 TA No. 805 of 2015

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of one month from the date of receipt of certified copy of this order. The learned District Judge, Chandigarh, is also directed either to decide both these cases himself or assign the same to a court of competent jurisdiction, for an early decision, in accordance with law.

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With the abovesaid observations made and directions issued, both these transfer applications stand disposed of, however, with no order as to costs.

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(RAMESHWAR SINGH MALIK ) JUDGE

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15.3.2016 AK Sharma

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AMIT KUMAR 2016.03.21 17:48 I attest to the accuracy and authenticity of this document

Nirmal Kumari v. Bijender Singh

Case brief

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Nirmal Kumari v. Bijender Singh

Case brief

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