Punjab-Haryana High Court
Asha Rani vs Asha Rani From The Court Of Learned on 13 February, 2013
Author: Jaswant Singh
Bench: Jaswant Singh
TA 280/2012 #1#
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
TA 280/2012
Date of decision: 13.2.2013
Asha Rani
.............Petitioner
v.
Sandeep
.............Respondent
CORAM: HON'BLE MR.JUSTICE JASWANT SINGH
Present:- Mr.Rohan Jain,Advocate for
Mr. Anshuman Dalal, Advocate for the petitioner.
Respondent in person.
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 Vs. Asha Rani from the Court of learned District Judge, Jhajjar to the Court of competent jurisdiction at Rohtak.
It is stated that the marriage between the parties was solemnized on 30.11.2007 at Rohtak. Due to dowry demand, it is alleged that the petitioner was turned out of the matrimonial home. She is stated to be residing at her parental home since March 2010. It is averred that the petitioner wife has filed three cases namely (i) FIR No.177 dated 31.3.2010 under Sections 498-A/406/323/506 IPC (ii) maintenance proceedings under Section 125 Cr.P.C and (iii) petition TA 280/2012 #2# under the domestic violence Act.
Thereafter, the respondent husband filed a petition under Section 13 of the Act which, as noticed above, is pending in the Court of learned District Judge, Jhajjar.
It is averred that the petitioner wife is a house wife, has no independent source of income and she is fully dependent upon her parents and in these circumstances, it is difficult for the petitioner to attend the proceedings initiated by the respondent husband at Rohtak, which is far away from Jhajjar.
After hearing both the sides and taking into account the fact that three cases filed by the petitioner-wife are already pending at Rohtak, 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 as Sandeep Vs. Asha Rani pending in the Court of learned Distt.Judge, Jhajjar is ordered to be withdrawn and transferred to the District Courts, Rohtak for disposal in accordance with law from the stage of withdrawal.
13.2.2013. (Jaswant Singh) manoj Judge