Disposed

Ruby v. Amit Kumar

Punjab & Haryana HC12 Sept 2024TA/802/2024

Case brief

AI extract

What is this about?

Wife sought transfer of her husband's divorce petition from Family Court Ludhiana to Yamuna Nagar, citing no independent income, dependence on parental family and distance of about 180 kilometres, with another proceeding already transferred there. Considering the convenience of the wife, the High Court accepted the transfer application ex parte against the respondent.

What the court decided

AI extract

Ruby Vs Amit Kumar — Matrimonial and Divorce | Punjab & Haryana HC (2024)

¶1

¶2

TA-802-2024

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

Sr. No.157

¶5

TA-802-2024

¶6

Date of Decision: 12.09.2024

¶7

RUBY @ RUBY BIRIWAL

....Applicant

Versus

AMIT KUMAR

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

¶13

Present:Mr. Rahul Singh and Mr. Purshotam Singh, Advocate for the applicant.

¶14

None for the respondent.

¶15

¶16

ARCHANA PURI, J. (Oral)

¶17

As observed in the order dated 21.08.2024, none has made appearance on behalf of the respondent, despite service having effected. As such, the respondent is proceeded against ex parte .

¶18

Learned counsel for the applicant heard.

¶19

The applicant-wife has filed the present application for seeking transfer of the petition under Section 13 of the Hindu Marriage Act i.e. HMA/1000/2022, titled ‘Amit Kumar Vs. Ruby Biriwal’, filed by the respondent-husband, pending in Family Court Ludhiana and she seeks transfer of the same to the Court of competent jurisdiction at Yamuna Nagar.

¶20

It is submitted by the counsel for the applicant that the marriage between the parties to the lis had taken place on 27.11.2020. However, on account of matrimonial discord, they are residing separate. The applicant

¶21

Anu 2024.09.12 17:44 I attest to the accuracy and authenticity of this document

¶22

¶23

TA-802-2024

¶24

had filed the petition under Section 125 Cr.P.C., while she was staying in the matrimonial house in Ludhiana. However, after she returned back to Jagadhri, District Yamuna Nagar, she had filed CRM-M-31791-2024 and vide order dated 08.07.2024, copy whereof is Annexure P-2, the petition under Section 125 Cr.P.C., was transferred from Ludhiana to Yamuna Nagar.

¶25

Also, it is submitted that the applicant is a housewife and as such, is not having any source of earning. She is dependent upon her parental family. Ludhiana is at a distance of about 180 kilometres, from the place of her residence. In these circumstances, it is submitted that it is difficult for the applicant to defend the divorce petition, filed by the respondent-husband. Even, the applicant had filed the petition under the Protection of Women from Domestic Violence Act, relating to which separate transfer application i.e. TA-919-2024 has been filed.

¶26

In view of the submissions made by the counsel for the applicant, considering the settled position of law about the weightage to be given to the convenience of the wife in transfer applications relating to the matrimonial disputes and more particularly, considering one case to be already pending in the Courts at Yamuna Nagar, as well as the distance between the two places, ��is hereby accepted and the petition under Section 13 of the Hindu Marriage Act i.e. HMA/1000/2022, titled ‘Amit Kumar Vs. Ruby Biriwal’, filed by the respondent-husband, stands transferred from Family Court Ludhiana, to the Court of competent jurisdiction at Yamuna Nagar. The requisite record of the aforesaid case be sent by Family Court Ludhiana, to the District and Sessions Judge, Yamuna Nagar.

¶27

Anu 2024.09.12 17:44 I attest to the accuracy and authenticity of this document

¶28

¶29

TA-802-2024

¶30

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

¶31

(ARCHANA PURI) JUDGE

¶32

12.09.2024 Himanshu Whether speaking/reasoned : Yes Whether reportable : Yes/No

¶33

Himanshu

¶34

Anu 2024.09.12 17:44 I attest to the accuracy and authenticity of this document

Ruby v. Amit Kumar

Case brief

What is this about?

What the court decided

Ruby v. Amit Kumar

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Simranjeet Vs Rajesh

Vijay Bharti Vs Jitender Kumar Deeka

Kavita Vs Gulshan Kumar

Pritam Singh through His Lrs Vs Gram Panchayat, Mangewal and Ors.

Kuldeep Kaur Vs Sukhjinder Singh

Saloni Vs Sukhdeep Singh