Punjab-Haryana High Court
Mandeep Kaur & Ors vs Daljit Singh on 30 May, 2011
Author: Jitendra Chauhan
Bench: Jitendra Chauhan
TA No.262 of 2011 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
TA No.262 of 2011
Date of decision : 30.05.2011
Mandeep Kaur & Ors.
...Applicant
Versus
Daljit Singh
...Respondent
CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN
Present: Mr. Kanwar Ashwani Kumar, Advocate
for the applicant.
Mr. Vineet Sharma, Advocate,
for the respondent.
Both the parties in person.
JITENDRA CHAUHAN, J. (Oral)
1. The present application has been preferred by the applicant-wife, under Section 24 read with section 151 Code of Civil Procedure for withdrawl of the petition filed under Section 13 of Hindu Marriage Act titled as 'Daljit Singh Vs. Mandeep Kaur' from the Court of Additional District Judge at Gurdaspur and entrust the same to the Courts at Chandigarh. The applicant-wife has filed petition under Section 9 along with application under Section 24 and under Section 25 of Hindu Marriage Act for restitution of conjugal rights, maintenance TA No.262 of 2011 2 pendente lite and for permanent maintenance respectively, at Chandigarh.
2. The respondent apprehends and submitted in pursuance of the complaint made by the applicant he was arrested and tortured by the police. He remained in custody for about two weeks. He further states that his love and affection for the child would be lost in case the transfer application is allowed.
3. Keeping in view the fact that the child is being maintained by the applicant-wife but it is the respondent-husband who is mainly bearing the entire expenditure on the treatment of the child and though primarily the grievance of the wife is same as in the matrimonial petition and in view of the serious apprehensions of the husband, the present application is dismissed. However, the respondent-husband shall bear the travelling expenses of the applicant whenever she visits the Court at Gurdaspur with regard to the petition under Section 13 of the Act, which is quantified to `1,000/- per visit.
30.05.2011 (JITENDRA CHAUHAN) Tarun Sahni JUDGE
Note : Whether to be referred to Reporter ? Yes / No