Punjab-Haryana High Court
Shalley vs Jatinder Kumar on 25 February, 2011
Author: Jitendra Chauhan
Bench: Jitendra Chauhan
T.A.No.17 of 2011 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
T.A.No.17 of 2011
Date of decision 25.2.2011
Shalley
...Applicant
versus
Jatinder Kumar
...Respondent
Present: Mr.Anant Kataria, Advocate for the applicant
Mr.Tejinder Joshi,Advocate for the respondent
....
CORAM : HON'BLE MR.JUSTICE JITENDRA CHAUHAN JITENDRA CHAUHAN.J (ORAL) This is an application filed under section 24 of the Code of Civil Procedure for transferring the petition titled "Jatinder Kumar v. Shalley" under section 13 of the Hindu Marriage Act,1955 (for short the 'Act') for the grant of a decree of divorce from the Court of District Judge, Sangrur to the court of competent jurisdiction at Faridkot.
Learned counsel for the applicant-wife submits that marriage between the parties was solemnized on 11.12.1998. The applicant was T.A.No.17 of 2011 2 subjected to harassment and maltreatment for bringing insufficient dowry. He submits that due to non-fulfillment of demands by the applicant family, she was thrown out of the matrimonial home in 2005, with her daughter. Since then she has been residing with her parents at Faridkot. He further submits that respondent-husband is already facing trial in petitions filed under section 406,498-A IPC and 125 Cr.P.C. in the court of Chief Judicial Magistrate, Faridkot.
On the other hand, learned counsel for the respondent alleged that applicant was a quarrelsome lady and she deserted the respondent.
I have heard learned counsel for the parties and perused the record.
The applicant is residing at Faridkot at the mercy of her parents. She has no resources to look after her daughter. It would certainly be difficult for the applicant-wife to go to Sangrur to attend the court proceedings, as it will add financial burden on the applicant. It is well settled principle of law that the convenience of the wife is to be kept in view in such like matters as has been held in cases of Sumitra Singh v. Kumar Sanjay and another, AIR 2002 SC 396 and Neelam Kanwar v. Devinder Singh Kanwar,2001(1) M.L.J.509 (SC). No prejudice is going to T.A.No.17 of 2011 3 be caused to the respondent-husband by appearing in the Courts at Faridkot, where he is already facing trial. Therefore, it would be in the interest of justice if petition filed by the respondent-husband under section 13 of the Act is transferred to the court of competent jurisdiction at Faridkot.
In view of the above, the present application is allowed and the petition titled "Jatinder Kumar v. Shalley" under section 13 of the Act is withdrawn from the court of District Judge,Sangrur and is transferred to the court of competent jurisdiction at Faridkot. File shall be sent by the trial court at Sangrur to the District Judge,Faridkot within two weeks from the date of receipt of copy of this order, who will either dispose it of or entrust the same to any other court of competent jurisdiction at Faridkot.
Parties are directed to appear before the Incharge,District Judge, Faridkot on 28.3.2011 at 11.a.m. (JITENDRA CHAUHAN) JUDGE 25.2.2011 MS Note: Whether to be referred to Reporter? Yes/No.