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Jyoti Aggarwal vs Ajay Aggarwal on 26 August, 2019

TA No. 4 of 2019 -1-

IN THE HIGH COURT OF PUNJAB HARYANA AT CHANDIGARH

TA No. 4 of 2019 (OM)
Date of decision : 26.8.2019

Jyoti Aggarwal
…………….Applicant

vs.

Ajay Aggarwal
……………..Respondent

Coram: Hon’ble Mr. Justice H. S. Madaan

Present: Mr. Ajay Jain, Advocate for the applicant.

Mr. G.S. Bedi, Advocate for the respondent.

H. S. Madaan, J. (Oral)

Report by Joint Registrar, (Judicial Co-oord.), seen.

Hon’ble the Chief Justice has already passed orders in that regard. No

further action in the matter is required.

Applicant – Jyoti Aggarwal, aged about 27 years, estranged

wife of Ajay Aggarwal, presently residing with her parents at Village

Balsamand, Tehsil and District Hisar, on account of matrimonial

discord between the spouses, has filed the instant application under

Section 24 CPC, seeking transfer of petition under Section 25 of the

Guardian and SectionWards Act, 1890 for the custody and guardianship of

minor son Yug/Bhavik, filed by her husband, who is respondent in

the present application, against her, having title ‘Ajay Aggarwal vs.

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Jyoti Aggarwal’ pending in the Court of Civil Judge (Senior

Division), Chandigarh, to a Court of competent jurisdiction at Hisar.

According to the applicant, the marriage solemnized between

the parties on 14.7.2013, at Hisar, ran into rough weather, though the

couple was blessed with a son, namely, Master Yug/Bhavik on

13.12.2015, who is presently residing with the applicant. The

applicant alongwith minor son of the parties had to leave the

matrimonial home and start residing with her parents at village

Balsamand, Tehsil and District Hisar. The applicant has filed a

petition under Protection of Woman from SectionDomestic Violence Act,

against the respondent and his mother in the Court at Hisar, where the

respondent has appeared and is attending the proceedings. The

respondent has filed the petition in question in the Court at

Chandigarh. The applicant being a young woman, taking care of the

minor son of the parties aged about 3 years, having no source of

income, with no adult male member in her parental family being

available, to accompany her from Hisar to Chandigarh, it is difficult

for her to attend the dates of hearing in Court at Chandigarh, covering

a distance of about 250 kms from her parental place, as such the

application be accepted.

Notice of the application was given to the respondent, who

has appeared through counsel and filed written reply, contesting the

application vehemently, praying for its dismissal.

I have heard learned counsel for the parties, besides going

through the record.

The Apex Court in various judgments has observed that in

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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 antecedents of marriage. Generally it is the

wife’s convenience, which must be looked at by the Courts while

deciding the transfer application.

Keeping in view the contentions in the application and

submissions made by learned counsel for the applicant, I find that

ends of justice demand that the application be allowed.

Accordingly, the application is accepted. The petition in

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question pending in the court of Civil Judge (Senior Division),

Chandigarh, is withdrawn from that Court and transferred to the

Family Court, Hisar, for disposal in accordance with law. Parties

through counsel are directed to appear there on 30.9.2019.

A copy of the order be sent to the Courts concerned, for

information and necessary compliance.

( H.S. Madaan )
26.8.2019 Judge
chugh

Whether speaking / reasoned Yes / No

Whether reportable Yes / No

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