Punjab-Haryana High Court
Sweety vs Mandeep on 6 January, 2022
Author: Alka Sarin
Bench: Alka Sarin
201
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
-.-
CM-12825-CII-2021 in/and
TA No.332 of 2021(O&M)
Date of Decision: 06.01.2022
Sweety ....Petitioner
VERSUS
Mandeep ....Respondent
CORAM: HON'BLE MRS. JUSTICE ALKA SARIN
Present: Mr. Adarshpreet Singh Dhaliwal, Advocate for the petitioner.
Mr. Vishwajeet, Advocate for the respondent.
ALKA SARIN, J. (Oral)
Taken up through video conferencing.
CM-12825-CII-2021 This is an application for preponing the date of hearing in the main case from 09.02.2022 to an early date.
Learned counsel for the non-applicant/petitioner states that he has no objection if the date of hearing in the main case is preponed.
Accordingly, application is allowed. With the consent of both the learned counsel, main case being TA-332-2021is taken on Board today itself.
CM stands disposed off.
TA No.332 of 2021 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 of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'HM Act') for dissolution 1 of 3 ::: Downloaded on - 07-01-2022 22:01:48 ::: TA No.332 of 2021(O&M) -2- of marriage titled as "Mandeep Versus Sweety" bearing No.DMC/1049/2019 pending in the Court of Additional Principal Judge (Family Court), Hisar to the Court of competent jurisdiction at Jind.
Learned counsel for the petitioner would contend that the petitioner in order to defend the case at Hisar would have to travel a distance of 70 kms (one way). It is further the contention that the petitioner has no independent source of income and there is also no male member in the family who could accompany her to Hisar.
Learned counsel appearing on behalf of the respondent, on instructions, states that the respondent would have no objection if the case is transferred to Jind.
I have heard learned counsel for the parties. In the present case, admittedly, the petitioner is residing at Jind and she has to travel a distance of 70 kms (one way) to defend the case at Hisar. Further, the learned counsel for the respondent is not in position to deny the fact that the petitioner has no independent source of income nor any maintenance or litigation expenses have been paid to the petitioner.
In view of the above and keeping in view the fact that the respondent has no objection if the case is transferred, I find this to be a fit case for transfer the petition filed by the respondent-husband under Section 13 of the HM Act for dissolution of marriage titled as "Mandeep Versus Sweety" bearing No.DMC/1049/2019 pending in the Court of Additional Principal Judge (Family Court), Hisar to the Court of competent jurisdiction at Jind.
2 of 3 ::: Downloaded on - 07-01-2022 22:01:49 ::: TA No.332 of 2021(O&M) -3- The records of the case shall be sent by the concerned Court to the Court of the learned District Judge, Jind and the parties shall appear there on 17.02.2022 at 10.00 a.m. The present petition is disposed off in the above terms.
January 06, 2022 ( ALKA SARIN ) tripti JUDGE
NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO 3 of 3 ::: Downloaded on - 07-01-2022 22:01:49 :::