Punjab-Haryana High Court
Poonam vs Satnam on 8 December, 2014
Author: Augustine George Masih
Bench: Augustine George Masih
-1-
TA No. 341 of 2013
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
TA No. 341 of 2013
Date of Decision: December 08, 2014
Poonam
...Applicant
Versus
Satnam
...Respondent
CORAM: HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH
Present: Mr. Vikram Punia, Advocate
for the applicant.
Mr. J.S. Cooner, Advocate
for the respondent.
*****
AUGUSTINE GEORGE MASIH, J.(ORAL)
The matter was referred to the Mediation and Conciliation Centre for settlement of the dispute(s) but the mediation has failed.
Present is an application under Section 24 of the Code of Civil Procedure for transfer of a petition HMA No.13 of 2013, filed by the respondent-husband under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act'), for dissolution of marriage pending in the Court of Additional District & Sessions Judge, Jind to a Court of competent jurisdiction at District Sonepat.
The grounds which have been pressed in the argument by the counsel for the applicant are that distance between the two places is about 60 Kms. and the applicant has no source of income. Apart from that, two cases, one is under Section 12 of the Protection of Women from the HARISH KUMAR 2014.12.10 12:10 I attest to the accuracy and authenticity of this document -2- TA No. 341 of 2013 Domestic Violence Act, 2005 and second is a criminal case arising out of FIR No.193, dated 13.06.2012, registered at Police Station Kundli, District Sonepat, under Section 323, 498-A IPC, are pending trial at Sonepat. It is contended that the applicant apprehends danger to her life and it is difficult for the applicant to commute between the two places as she is solely dependent on her parents for her livelihood. Prayer has, thus, been made for allowing the present transfer application.
Counsel for the respondent, on the other hand, contends that three children are borne out of the wedlock, all are minors and are residing with the respondent and, therefore, it would rather be difficult for the respondent to go to Sonepat to contest the case preferred by him. He contends that not only the difficulty of the wife but of the husband should be taken note of and if the transfer application is allowed, respondent would be faced with hardships. The fact with regard to the other cases pending at Sonepat is not disputed and it is also not disputed that the applicant has no other source of income and dependent on her parents.
I have considered the submissions made by the counsel for the parties and has come to a conclusion that while considering the respective difficulties which will be faced by the applicant and the respondent, the applicant appears to be in a disadvantage if the present application is not allowed as she has no source of income nor there is anyone who can travel with her. Apart from that, two other cases are pending in the Courts at Sonepat and the respondent is appearing and facing trial in those cases. If the petition under Section 13 of the Act is transferred to Sonepat, the husband will have no difficulty in attending the proceedings in that case also since he is already appearing in the Courts at Sonepat whereas it would HARISH KUMAR 2014.12.10 12:10 I attest to the accuracy and authenticity of this document -3- TA No. 341 of 2013 be difficult for the applicant to commute between two places.
In view of the judgment passed by the Hon'ble Supreme Court in Sumita Singh Versus Kumar Sanjay & another, 2001 (10) SCC 41, I am of the considered view that the present transfer application needs to be allowed. Accordingly, HMA No.13 of 2013, filed by the respondent- husband under Section 13 of the Act, 1955 for dissolution of marriage pending in the Court of Additional District & Sessions Judge, Jind, is hereby withdrawn and transferred to a Court of competent jurisdiction at District Sonepat.
The District Judge, Jind is directed to transmit the records of the above mentioned case to the District Judge, Sonepat who shall try the case himself or assign the same to some other Court of competent jurisdiction, in accordance with law. Parties to appear before the District Judge, Sonepat on 24.12.2014.
Copy of this order be sent to the District Judge, Jind as well as to the District Judge, Sonepat for information and compliance.
December 08, 2014 ( AUGUSTINE GEORGE MASIH )
Harish JUDGE
HARISH KUMAR
2014.12.10 12:10
I attest to the accuracy and
authenticity of this document