Punjab-Haryana High Court
Meenakshi Tomar vs Ajay Tomar on 2 December, 2021
Author: Alka Sarin
Bench: Alka Sarin
JITENDER KUMAR 2021.12.03 10:26 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 213 TA No.1025 of 2021 Date of Decision: 02.12.2021 Meenakshi Tomar ....Petitioner VERSUS Ajay Tomar .... Respondent CORAM: HON'BLE MRS. JUSTICE ALKA SARIN Present: Mr. Mrigank Sharma, Advocate for the petitioner. Mr. Dhruv Gupta, Advocate for the respondent. 3 3 of 26 2k 3K ok ALKA SARIN, J. (Oral)Heard in physical mode.
The present petition under Section 24 of the Code of Civil Procedure, 1908 has been filed by the petitioner-wife seeking transfer of the petition filed by the respondent-husband under Section 9 of the Hindu Marriage Act, 1955 being HMA/605/2020 titled as "Ajay Tomar vs. Meenakshi Tomar" pending in the Court of Principal Judge, Family Court, Ambala to the Court of competent jurisdiction at Panchkula.
Learned counsel for the petitioner would contend that the distance between Panchkula and Ambala is about 45 kms. (one way). Learned counsel would further contend that two daughters born out of the wedlock, aged 11 years and 8 years, are residing with the petitioner. The learned counsel for the petitioner has pointed out that the petitioner has initiated a petition under Section 125 Code of Criminal Procedure, 1973 (for short 'CrPC') prior to filing of the petition under Section 9 of the HM Act in I attest to the accuracy and integrity of this document Chandigarh JITENDER KUMAR 2021.12.03 10:26 TA No.1025 of 2021 -2- which the respondent-husband has put in appearance and that FIR No.118 dated 07.04.2020 has been registered at Police Station Chandimandir under Sections 323, 406, 498-A and 506 of the Indian Penal Code, 1860 (for short 'IPC') and the charges have also been framed in the said case. It is further the contention that the petition under Section 9 of the HM Acct for restitution of conjugal rights has been filed by the respondent-husband only to harass the petitioner. Learned counsel appearing on behalf of the respondent has vehemently opposed the transfer of the petition under Section 9 of the HM Act inasmuch as the distance between Ambala and Panchkula is hardly 45 kms (one way). It is further contended that the respondent is looking after his aged parents, who are both not keeping good health. Learned counsel would further contend that the petitioner is well-educated and is running a coaching institution. Learned counsel for the respondent has contended that there are chances of an amicable settlement and hence prays that the matter may be referred to Medication and Conciliation Centre.
I have heard learned counsel for the parties.
In the present case, the admitted facts are that two cases initiated by the petitioner-wife are already pending at Panchkula - first being a petition under Section 125 CrPC for grant of maintenance, in which the respondent-husband has already put in appearance, and another case arising out of FIR No.118 dated 07.04.2020 in which charges have already been framed against the respondent. It is further not disputed that the petitioner is residing with her parents along with her two minor children. The petition I attest to the accuracy and integrity of this document Chandigarh JITENDER KUMAR 2021.12.03 10:26 TA No.1025 of 2021 -3- under Section 9 of the HM Act has been filed by the respondent after filing of the said two cases. The petitioner, in order to attend the proceedings before the Family Court at Ambala, would be required to travel a distance of 90 kms. (to and fro) and she has two minor children to look after and hence it would not be feasible for her, financially or otherwise, to travel to Ambala on each and every date.
Keeping in view the above, I deem it appropriate to allow the present petition and to transfer the petition filed by the respondent-husband under Section 9 of the HM Act being HMA/605/2020 titled as "Ajay Tomar vs. Meenakshi Tomar" pending in the Court of Principal Judge, Family Court, Ambala to the Court of competent jurisdiction at Panchkula.
Since the learned counsel for the respondent has stated that there is a chance of an amicable settlement between the parties, the concerned Court at Panchkula shall first refer the matter to Mediation before proceeding with the matter on merits.
The records of the case shall be sent by the concerned Court at Ambala to the Court of the learned District Judge, Panchkula and the parties shall appear there on 07.01.2022 at 10.00 a.m. The present petition is disposed off in the above terms.
( ALKA SARIN ) JUDGE 2"! December, 2021 jk NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO I attest to the accuracy and integrity of this document Chandigarh