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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
TA-990-2018 (OM)
Date of decision: 04.12.2019
Amarjit Kaur
…Applicant
Versus
Mohinder Singh Teji and another
…Respondents
CORAM: HON’BLE MR.JUSTICE H.S. MADAAN
Present: Mr. Nikhil K. Chopra, Advocate for the applicant.
Mr. Mohit Garg, Advocate for respondent No.1.
****
H.S. MADAAN, J. (Oral)
Applicant Amarjit Kaur, aged about 41 years, estranged wife
of respondent No.1 Mohinder Singh Teji, presently residing with her
parents at Village Sansarpur, Tehsil District Jalandhar, on account of
matrimonial discord between the spouses, by way of filing the present
application, seeks transfer of divorce petition, filed by her husband,
respondent No.1 against her having title ‘Mohinder Singh Vs. Amarjit
Kaur and another’ pending in the Court of District Judge, Ludhiana to the
Court of competent jurisdiction at Jalandhar.
According to the applicant, the marriage solemnized between
the parties in the month of October 1995 did not work, though, the couple
was blessed with three children i.e. daughters Gurpreet Kaur and Rubila
and a son, namely Gurwinder Singh. On account of harassment and
maltreatment meted out to the applicant at the hands of respondent in
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connection with demand of more dowry, the applicant was forced to leave
the matrimonial home and start residing with her parents along with
minor children of the parties. The applicant does not have any source of
income and is dependent upon her parents for meeting her financial needs
and those of minor children of the parties; that respondent No.1 had filed
a petition for divorce at Ludhiana and obtained ex parte decree on
02.04.1997. However, an application was filed by present applicant/wife
for setting aside of that ex parte judgment and decree, which was
dismissed by the trial Court, vide order dated 14.08.1997. That order was,
however, challenged in the High Court and ex parte judgment and decree
were set aside. Respondent No.1 had filed an appeal before the Apex
Court, which was dismissed, vide judgment dated 12.01.2016.
Respondent No.1 has again filed a divorce petition on false grounds,
which is not maintainable, since the controversy has already been decided
by the Hon’ble Supreme Court. The applicant has filed a petition under
Section 125 Cr.P.C. besides a complaint under Sections 498-A, Section494 etc.
SectionIPC against the respondent in Courts at Jalandhar. Under the
circumstances, it is difficult for her to travel from her parental place to
Ludhiana, to attend the dates of hearing in the Court there. Therefore, the
present application be accepted.
Notice of the application was given to the respondent who
put in appearance through counsel, filed written reply and is opposing the
application vehemently, contending that the second divorce petition has
been filed on the ground of adultery and respondent is suffering from
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serious heart ailment, as such, unable to travel from Ludhiana to
Jalandhar. He has drawn my attention to the supporting documents in that
regard.
I have heard learned counsel for the parties besides going
through the record.
The Apex Court in various judgments has observed that in
matrimonial disputes between the spouses convenience of wife should be
looked into. In that regard a reference can be made to authority Sumita
Singh Versus Kumar Sanjay and another, 2002 AIR(SC) 396 by a
Division Bench of Hon’ble Supreme Court.
In Bhartiben Ravibhai Rav Versus Ravibhai Govindbhai
Rav, 2017(3) RCR(Civil) 369, the Apex Court had allowed application
for transfer of the divorce petition to a place where the wife was residing
considering various factors including the distance between the place
where the wife was residing and the place of sitting of the Court where
divorce petition had been instituted and the fact that the wife had filed
two cases against her husband in the Court at the place of her residence
wherein the respondent had already put in appearance.
In Apurva Versus Navtej Singh, 2017(2) Law Herald 966
by a Co-ordinate Bench of this Court, it was observed that wherever the
Courts are called upon to consider the plea of transfer in matrimonial
disputes, the Courts have to take into consideration various factors like
economic soundness of either of the parties, the social strata of the
spouses to which they belong and behavioural pattern, standard of life
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antecedents of marriage. Generally it is the wife’s convenience, which
must be looked at by the Courts while deciding the transfer application.
Earlier also, on an application having been filed by wife, the
divorce petition filed by the respondent as well as petition seeking
custody of the children had been transferred by this Court to Courts of
competent jurisdiction at Jalandhar. The first divorce petition filed by
respondent/husband has since been dismissed. He has started a second
round of litigation. The applicant is taking care of children of the parties.
She is not shown to have enough resources at her command for going
from Jalandhar to Ludhiana. She being a middle aged woman, it would be
difficult for her to undertake the journeys quite often to attend the dates
of hearing in Court at Ludhiana. The medical documents attached relates
to the year 2007 and 2015. As has been stated by learned counsel for the
applicant, he is appearing in two cases at Jalandhar, therefore, if we seen,
comparative inconvenience is much more to the wife, if she is asked to go
to Ludhiana quite frequently to attend the dates of hearing in a Court
there, spending money from her pocket, more particularly, when she has
got financial constraints and is looking after children of the parties, than
the inconvenience caused to the respondent.
Keeping in view the contentions in the application and
submissions made by learned counsel for the applicant, in which I find
merit, in absence of any strong circumstance to the contrary, it would be
proper and appropriate, if the application is accepted. The same is
accordingly allowed. The petition in question is ordered to be withdrawn
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from the Court of District Judge, Ludhiana and transferred to Family
Court at Jalandhar for disposal in accordance with law.
The parties through counsel are directed to appear in the
transferee Court on 09.01.2020. Copies of orders be sent to both the
Courts for information and necessary compliance.
04.12.2019 (H.S. MADAAN)
sumit.k JUDGE
Whether speaking/reasoned : Yes No
Whether Reportable : Yes No
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