Punjab-Haryana High Court
Shardha Wife Of Mahavir And Daughter Of ... vs Mahavir Son Of Shishpal Son Of Sadhu Ram on 15 October, 2012
Author: K. Kannan
Bench: K. Kannan
T.A. No.319 of 2012 -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT
CHANDIGARH
T.A. No.319 of 2012
Date of Decision.15.10.2012
Shardha wife of Mahavir and daughter of Ram Kumar resident of village
Sahuwala II, Tehsil and District Sirsa
.....Applicant
Versus
Mahavir son of Shishpal son of Sadhu Ram, resident of village
Ghukanwali, Tehsil Dabwali, District Sirsa ....Respondent
Present: Mr. Sanjiv Gupta, Advocate
for the applicant.
Mr. P.K. Ganga, Advocate
for the respondent.
CORAM:HON'BLE MR. JUSTICE K. KANNAN
1. Whether Reporters of local papers may be allowed to see the
judgment ? No
2. To be referred to the Reporters or not ? No
3. Whether the judgment should be reported in the Digest? No
-.-
K. KANNAN J.(ORAL)
1. The transfer of the matrimonial proceedings initiated by the husband is sought by the wife on the ground that she is a heart patient and she has recently undergone a heart surgery. She is still nursing illness and there is hospital at Sirsa where she has treatment periodically. The case is pending at the Court at Dabwali and it is difficult for her to undertake frequent travels that the case might involve.
2. Learned counsel appearing on behalf of the respondent states that the petition is only for restitution of conjugal rights and there has been an ego clash only on account of the relative lower educational qualification that the husband has. When he is 7th standard T.A. No.319 of 2012 -2- pass, the wife is a post-graduate and the disharmony had come about on account of mismatch in educational qualification. He would also contend that there is nothing very serious about her ailment and she has undergone a surgery and Dabwali is itself very near to Sirsa and there could be no hardship to her if she undertakes this journey.
3. It is not possible for me to judge the nature of her medical condition but I am satisfied that there is a Government Hospital at Sirsa where she is undergoing treatment and it will be appropriate that the case is tried at Sirsa where she is actually residing. I am not prepared to examine the issue of whether the mismatch in educational qualification has caused disharmony between the spouses, for it is irrelevant for consideration in application for transfer.
4. The application for transfer is allowed. The proceedings between the parties in the Court at Dabwali is withdrawn and ordered to be transferred to the District Court at Sirsa for disposal in accordance with law. The parties shall appear before the District Court at Sirsa on 21.11.2012.
(K. KANNAN) JUDGE October 15, 2012 Pankaj*