Punjab-Haryana High Court
Jyoti vs Kamal Deep on 6 December, 2021
Author: Alka Sarin
Bench: Alka Sarin
JITENDER KUMAR 2021.12.07 17:39 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 204 TA No.949 of 2021 Date of Decision: 06.12.2021 Jyoti ....Petitioner VERSUS Kamal Deep .... Respondent CORAM: HON'BLE MRS. JUSTICE ALKA SARIN Present: Ms. Kamaljeet Kaur, Advocate for the petitioner. Mr. Ankit Chowdhary 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 13(1)(ia) of the Hindu Marriage Act, 1955 for dissolution of marriage by a decree of divorce titled as "Kamal Deep vs. Jyoti" pending before the Family Court at SAS Nagar (Mohali) [Camp Court at Derabassi], to the Court of competent jurisdiction at Jind. Learned counsel for the petitioner would contend that the marriage of the parties was solemnized on 05.11.2015 and out of the said wedlock a male child was born. It has further been contended that the petitioner-wife along with her minor child is now residing with her mother and her father has since expired. It is further the contention that the petitioner-wife has no independent source of income and it would be very I attest to the accuracy and integrity of this document Chandigarh JITENDER KUMAR 2021.12.07 17:39 TA No.949 of 2021 -2- difficult for her, financially and otherwise, to defend her case before the Family Court at Derabassi, District SAS Nagar (Mohali).
Learned counsel for the respondent has vehemently opposed the transfer of the petition filed by the respondent-husband under Section 13(1)(ia) of the HM Act. He has contended that the address of the petitioner- wife is doubtful as she is residing somewhere else. It has further been contended that there is a threat perception and earlier also family members of the petitioner-wife had threatened the respondent-husband. He is, however, not in a position to deny the fact that the distance between the address as given by the petitioner-wife and the Family Court at Derabassi is 175 kms (one way). He is also not in a position to deny the fact that the petitioner is looking after the minor child and that she is not gainfully employed anywhere. He has further candidly admitted that no amount is being paid to the petitioner-wife or minor child towards maintenance.
I have heard learned counsel for the parties.
In the present case, the admitted facts are that the petitioner- wife along with the minor child is living with her mother and has no independent source of income. Though, learned counsel for the respondent has disputed the address as stated by the petitioner-wife in the present petition, however, the fact remains that the petitioner-wife has stated on affidavit that she is residing at the said address and there is no material which has been placed on record to show otherwise. The petitioner-wife in order to travel to Derabassi, District SAS Nagar Mohali to defend her case would be required to travel a distance of 170 to 180 kms. (one way).
I attest to the accuracy and integrity of this document Chandigarh TA No.949 of 2021 -3-In view of the above and keeping in mind the fact that the petitioner-wife in the present case is residing at Jind and has a minor child born on 15.04.2021 to take care of and has no independent source of income, I deem it appropriate to allow the present petition and to transfer the petition filed by the respondent-husband under Section 13(1)(ia) of the HM Act for dissolution of marriage by a decree of divorce titled as "Kamal Deep vs. Jyoti" pending before the Family Court at SAS Nagar (Mohali) [Camp Court at Derabassi] to the Court of competent jurisdiction at Jind.
The records of the case shall be sent by the concerned Court at SAS Nagar (Mohali) to the Court of the learned District Judge, Jind and the parties shall appear there on 20.12.2021 at 10.00 a.m. The present petition is disposed off in the above terms.
( ALKA SARIN ) JUDGE 6" December, 2021 jk NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO JITENDER KUMAR 2021.12.07 17:39 I attest to the accuracy and integrity of this document Chandigarh