Allowed

Meenakshi Bhutani v. Baljeet Bhutani

Punjab & Haryana HC16 Dec 2024TA/393/2023

Case brief

AI extract

What is this about?

Wife sought transfer of her husband's divorce petition from Family Court, Hisar to Bathinda, citing her locomotor disability, lack of independent income, young children and her pending domestic violence and guardianship cases at Bathinda. Considering the preference for the wife's convenience in matrimonial disputes, the transfer application was allowed.

What did the court decide?

Divorce petition DMC/17/2023 transferred from Family Court, Hisar to Bathinda; parties to appear before Family Court, Bathinda within one month.

Meenakshi Bhutani Vs Baljeet Bhutani — Matrimonial and Divorce | Punjab & Haryana HC (2024)

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TA-393-2023

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Sr. No.105

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TA-393-2023 Date of Decision: 16.12.2024

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MEENAKSHI BHUTANI

....Applicant

Versus

BALJEET BHUTANI

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

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Present:Mr. B.K. Mehta, Advocate for the applicant.

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Ms. Priya Singla, Legal Aid Counsel, for the respondent.

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ARCHANA PURI, J. (Oral)

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The applicant-wife has filed the present application for seeking transfer of the petition under Section 13 of the Hindu Marriage Act i.e. DMC/17/2023, titled ‘Baljeet Bhutani Vs. Meenakshi Bhutani’, filed by the respondent-husband, pending in the Family Court, Hisar and she seeks transfer of the same to the Court of competent jurisdiction at Bathinda.

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In pursuance of the notice issued, respondent made appearance through legal aid counsel and filed reply.

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Learned counsel for the parties heard.

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At the very outset, the counsel for the applicant has submitted that two children were born from the wedlock of the parties to the lis, who are in the age group of 11-17 years. The applicant has no independent source of earning. Also, it is submitted that she is a handicapped woman, who has locomotor disability i.e. “ Autoimmune encephalitis with seizure MAMTA disorder”, which is to the extent of 65%, on account of which, it is difficult 2024.12.16 16:05 I attest to the accuracy and integrity of this order/judgment

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TA-393-2023

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for her to commute a distance of about 150 kilometres, from the place of her residence. Besides the aforesaid, also it is submitted that the applicant has filed the petition under the Protection of Women from Domestic Violence Act, as well as the Guardianship petition, which are pending in the Courts at Bathinda and the respondent is making appearance in the said cases, which fact is not disputed by the counsel for the respondent.

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In view of the aforesaid fact situation, considering the position of law about preference to be given to the convenience of the wife in transfer applications relating to the matrimonial dispute, more particularly, while the applicant is a handicapped woman, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. DMC/17/2023, titled ‘Baljeet Bhutani Vs. Meenakshi Bhutani’, filed by the respondenthusband, stands transferred from the Family Court, Hisar, to the Court of competent jurisdiction at Bathinda. The requisite record of the aforesaid case be sent by the Family Court, Hisar, to the District and Sessions Judge, Bathinda.

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Learned District and Sessions Judge, Bathinda, shall assign the said petition to the Family Court, Bathinda. Even, the parties are directed to appear before the Family Court, Bathinda, within a period of one month from today onwards.

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16.12.2024			(ARCHANA PURI) JUDGE
Himanshu
	Whether speaking/reasoned	:	Yes
	Whether reportable	:	Yes/No

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MAMTA 2024.12.16 16:05 I attest to the accuracy and integrity of this order/judgment

Meenakshi Bhutani v. Baljeet Bhutani

Case brief

What is this about?

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Meenakshi Bhutani v. Baljeet Bhutani

Case brief

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