T.A. No. 812 of 2018 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
T.A. No. 812 of 2018
DATE OF DECISION :- February 06, 2019
Garima @ Sweety …Applicant
Versus
Mandeep Kumar …Respondent
CORAM: HON’BLE MR. JUSTICE H.S. MADAAN
Present:- Mr. Vinod Kumar, Advocate
for Mr. Jagjeet Beniwal, Advocate for the applicant.
***
By way of filing the instant application, applicant Garima @
Sweety, aged about 34 years, estranged wife of Mandeep Kumar-respondent,
presently residing with her parents at Bhiwani on account of matrimonial
discord with her husband seeks transfer of divorce petition filed by her
husband Mandeep Kumar against her having title ‘Mandeep Kumar Vs. Garima
@ Sweety’ pending in the Court of District Judge, Jhajjar to the Court of
competent jurisdiction at Bhiwani.
According to the applicant, the marriage was performed between
the parties on 8.2.2012 at Bhiwani. Thereafter the spouses started residing
together. The applicant had given birth to a male child namely Lovish from the
loins of respondent. On account of cruel treatment given to her by the
respondent and his family members, she had to leave the matrimonial home
along with minor son of the parties and start residing with her parents since
then. The applicant has lodged an F.I.R. under Sections 498A, 406, 323, 342,
506, 34 IPC against the respondent and his family members with Police Station
City Bhiwani. The son of parties have filed a maintenance petition in the Court
at Bhiwani. As a pressure tactic, the respondent has filed the petition in
1 of 2
10-02-2019 07:36:07 :::
T.A. No. 812 of 2018 2
question against the present applicant. It is difficult for her to travel from
Bhiwani to Jhajjar covering a distance of 65 kms to attend the dates of hearing
there. The applicant, being a young woman, having no source of income, it is
difficult for her to attend the dates of hearing, therefore, the application be
accepted.
Notice of the application was given to the respondent, who was
duly served through his counsel in the trial Court but did not appear and offer a
contest.
I have heard learned counsel for the applicant besides going
through the record.
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petition in question is ordered to be withdrawn from the Court of District
Judge, Jhajjar and transferred to Family Court at Bhiwani for disposal in
accordance with law.
The parties through their counsel are directed to appear in the
transferee Court on 8.3.2019. Copies of orders be sent to the Court of District
Judge, Jhajjar as well as to the Family Court at Bhiwani for information and
necessary compliance.
(H.S. MADAAN)
JUDGE
February 06 2019
p.singh
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
2 of 2
10-02-2019 07:36:07 :::