Punjab-Haryana High Court
Boby Rani Alias Babita vs Suresh Kumar on 10 January, 2011
Author: Jitendra Chauhan
Bench: Jitendra Chauhan
TA No.528 of 2010 (O &M) 1
IN THE HON'BLE HIGH COURT PUNJAB AND HARYANA
TA No.528 of 2010 (O &M)
Date of decision 10.01.2011
Boby Rani alias Babita
......applicant
Versus
Suresh Kumar
......Respondent
CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN
Present: Mr. S.N. Yadav, Advocate
for the applicant, with applicant.
Respondent in person.
JITENDRA CHAUHAN,J.
1. The travelling expenses Rs.1,000/- paid by the respondent to the applicant-wife.
2. Heard.
3. The present application has been filed under Section 24 of the Civil Procedure Code, on behalf of the applicant-wife for transfer of petition titled as Suresh Kumar Vs. Boby Rani @ Babita under Section-13, of the Hindu Marriage Act in the Family Court, Bhiwani to the Court of competent jurisdiction at Sirsa.
4. In pursuance of order dated 06.01.2011 the parties are present in Court for reconciliation. The efforts were made to get the matter compromised but in vain.
5. The learned counsel of the applicants submits that the applicant- wife is handicapped with 70% disability and is a hapeless lady. It is submitted that after the marriage she was harassed and given beatings by TA No.528 of 2010 (O &M) 2 the respondent-husband. The counsel further submitted that it is inconvenient to the applicant-wife to appear before the Court at Bhiwani on account of her physical disability and distance of more than 160 kms.
6. The respondent vehemently opposed the prayer.
7. I have heard the learned counsel for the applicant-wife and the respondent in person.
8. Hon'ble the Supreme Court in Neelam Kanwar vs Devinder Singh Kanwar, 2001(1) M.L.J. 509 (SC), has observed as under:-
"We are mindful of the fact that the petitioner is a lady and first respondent is a male, and, therefore, (for) convenience of wife, a transfer to the place where the lady is residing, would be preferred by this Court unless, it is shown that there are special reason not to do so. No special reason is shown."
9. The applicant-wife is residing at Sirsa. It would certainly be difficult for a handicapped wife who is living at the mercy of her parents to attend the Court proceedings at Bhiwani. It is the convenience of the wife to be seen. In my opinion, the petition filed by the respondent at Bhiwani titled as Suresh Kumar Vs. Boby Rani @ Babita under Section 13 of the Hindu Marriage Act pending before the Family Court at Bhiwani deserves to be transferred at Sirsa.
10. In view of the aforesaid, the instant transfer petition is allowed, petition under Section 13 of the Act titled as Suresh Kumar Vs. Boby Rani @ Babita is withdrawn from the Court of District Judge (Family Court) Bhiwani to the Court of competent jurisdiction at Sirsa. File of the petition shall be sent by the Family Court Bhiwani to the District Judge, Sirsa, who will either himself dispose it of or entrust it to any Court of competent jurisdiction.
TA No.528 of 2010 (O &M) 3
The Family Court, Bhiwani is directed to send the record to the Court of competent jurisdiction at Sirsa. The party shall appear before the District Judge, Sirsa on 08.02.2011.
(JITENDRA CHAUHAN) 10.01.2011 JUDGE Jyoti 1 Note: Whether to be referred to reporter? Yes/No