Punjab-Haryana High Court
Ritu Raj Dhawan vs Ritu Raj Dhawan From on 26 August, 2013
Author: Jaswant Singh
Bench: Jaswant Singh
Manoj Kumar
TA 24/2013 (O&M) #1# 2013.08.29 10:37
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integrity of this document
High Court Chandigarh
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
TA 24/2013 (O&M)
Date of decision: 26.8.2013
Ritu Raj Dhawan
.............Petitioner
v.
Amit Aggarwal
.............Respondent
CORAM: HON'BLE MR.JUSTICE JASWANT SINGH
Present:- Mr. B.S. Jaswal,Advocate for the petitioner.
None for the respondent.
Jaswant Singh,J(Oral).
Petitioner wife has filed the present transfer application under Section 24 CPC for the transfer of divorce proceedings filed by respondent husband titled Amit Aggarwal Vs. Ritu Raj Dhawan from the Court of learned District Judge, Family Court, Ambala to the Court of competent jurisdiction at Chandigarh.
The petitioner is a divorcee and has a girl child from her previous marriage. She performed her second marriage with the respondent-Amit Aggarwal on 14.7.2011 at Chandigarh. Parties lived as husband and wife at matrimonial home at Ambala. Due to matrimonial dispute, petitioner-wife is stated to be residing separately at parental home at Chandigarh since September 2011. It is further stated that two cases have been filed against the husband at Chandigarh one by the petitioner-wife for maintenance under Section 125 Cr.P.C and the other by her parents for recovery of Rs.9 lacs from the TA 24/2013 (O&M) #2# respondent-husband at Chandigarh.
It is alleged that in order to harass the petitioner-wife and as a counter blast, the respondent husband filed the aforesaid divorce proceedings, which are pending before the court of learned District Judge, Family Court, Ambala.
The grounds for transfer stated are that it is extremely inconvenient for the wife to pursue the divorce proceedings at Ambala by leaving her daughter with her aged parents whereas no prejudice would be caused to the respondent-husband if the proceedings are transferred to Chandigarh where he is already facing two other cases.
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 divorce proceedings filed by respondent husband titled Amit Aggarwal Vs. Ritu Raj Dhawan from the Court of learned District Judge, Family Court, Ambala are ordered to be withdrawn and transferred to the District Courts, Chandigarh for disposal in accordance with law from the stage of withdrawal.
August 26, 2013 ( JASWANT SINGH ) manoj JUDGE