IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
118
TA No.752 of 2018 (OM)
Date of decision : 16.10.2018
Deepika Jangra
… Petitioner
Versus
Harish Kumar @ Sonu
…. Respondent
CORAM: HON’BLE MR.JUSTICE HARINDER SINGH SIDHU
Present:- Mr.Satbir Gill, Advocate
for the petitioner.
None for the respondent.
Harinder Singh Sidhu, J.
Petitioner (wife) has filed the present petition under Section 24
of the Code of Civil Procedure for transfer of the petition under Section 9 of
the Hindu Marriage Act, 1955 titled as “Harish Kumar @ Sonu Vs. Deepkia
Jangra” filed by the respondent (husband) which is pending before learned
District Judge (Family Court), Bhiwani, to a court of competent jurisdiction
at Sirsa.
The marriage of the petitioner and respondent was solemnized
on 6.2.2016. Soon after the marriage, respondent and his family members
started taunting, harassing and beating the petitioner on account of dowry.
On 14.5.2017, respondent and his family members gave beating to the
petitioner. She was kept in a locked room to prevent her from contacting
with the parents. On 30.5.2017, she was again beaten by the respondent and
his family members and thrown out of her matrimonial home. The matter
was reported to the police by the petitioner. FIR No.656 dated 11.7.2018
under Sections 323, 34, 406, 498A and 506 IPC at Police Station Sirsa City
was registered.
The petitioner has filed an application under Section 125
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TA No.752 of 2018 (OM) [2]
Cr.P.C. at Sirsa for grant of maintenance. Thereafter, the respondent has
filed the petition under Section 9 of the Hindu Marriage Act against the
petitioner at Bhiwani.
It is stated that parents of the petitioner are very poor. She has
no independent source of income. It is very difficult for her to attend the
court proceedings at Bhiwani which is at a distance of 160 kms from her
place of residence. It is also stated that the petitioner apprehends threat to
her safety, if she attends the court proceedings at Bhiwani. Moreover, as the
respondent is already attending the court at Sirsa in connection with the
cases instituted by the petitioner, no prejudice would be caused to him if
this case is transferred from Bhiwani to Sirsa.
The respondent has been served. However, no one has put in
appearance on his behalf. On the previous date also, no one had appeared
for the respondent.
Considering the aforesaid facts and circumstance, this petition
is allowed.
The petition under Section 9 of the Hindu Marriage Act, 1955
titled as “Harish Kumar @ Sonu Vs. Deepkia Jangra” filed by the
respondent (husband) which is pending before learned District Judge
(Family Court), Bhiwani is withdrawn from that court and transferred to
Sirsa. The learned District Judge, Sirsa may assign it to a competent court.
(Harinder Singh Sidhu)
Judge
16.10.2018
sd
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
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