Punjab-Haryana High Court
Smt. Usha Rani vs Smt. Usha Rani From The Court Of on 19 December, 2013
Author: Jaswant Singh
Bench: Jaswant Singh
Manoj Kumar
TA 366 /2013 (O&M) #1#2013.12.21 13:19
I attest to the accuracy and
integrity of this document
High Court Chandigarh
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
TA 366 /2013 (O&M)
Date of decision: 19.12.2013
Smt. Usha Rani
.............Petitioner
v.
Sandeep Kumar
.............Respondent
CORAM: HON'BLE MR.JUSTICE JASWANT SINGH
Present:- Mr. Bhag Singh, Advocate for the petitioner.
None for the respondent-husband.
Jaswant Singh,J(Oral).
Petitioner wife has filed the present transfer application under Section 24 CPC for the transfer of petition filed by respondent husband under Section 13 of the Hindu Marriage Act,1955 (for short "the Act") titled Sandeep Kumar Vs. Smt. Usha Rani from the Court of learned Addl. District Judge, Chandigarh to the Court of competent jurisdiction at Ambala.
It is stated that the marriage between the parties was solemnized on 8.12.2001 at Barouli, Tehsil and District Ambala and out of the said wedlock a male child was born. Due to dowry demand, it is alleged that the petitioner alongwith minor child was turned out of the matrimonial home at Chandigarh in 2008. Petitioner along with the minor son is stated to be residing separately at her parental home at Ambala where she has lodged an FIR under Sections 406/498- A/323/506 IPC.
TA 366 /2013 (O&M) #2# Thereafter, the respondent husband filed a petition under Section 13 of the Act which, as noticed above, is pending in the Court of learned Addl. District Judge, Chandigarh.
It is averred that the petitioner wife is a house wife, has no source of income and she alongwith her minor child is fully dependent upon her father 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 Chandigarh which is about 45 kms away from Ambala.
None has appeared on behalf of the respondent-husband to controvert the aforesaid facts. Thus, 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.
In view of the above, the present petition is allowed, the petition under Section 13 of the Act titled Sandeep Kumar Vs. Smt. Usha Rani from the Court of learned Addl. District Judge, Chandigarh is ordered to be withdrawn and transferred to the District Courts, Ambala for disposal in accordance with law from the stage of withdrawal.
December 19, 2013 ( JASWANT SINGH ) manoj JUDGE