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Manju vs Jaivir on 14 February, 2019

T.A. No. 806 of 2018 1


T.A. No. 806 of 2018
DATE OF DECISION :- February 14, 2019

Manju …Applicant


Jaivir …Respondent


Present:- Mr. Kartar Singh, Advocate for the applicant.


Applicant Manju, wife of Jaivir-respondent, presently residing

with her parents at Rohtak on account of matrimonial discord between the

spouses by way of filing the instant application seeks transfer of petition

under Section 13 of the Hindu Marriage Act filed by her husband Jaivir

against her having title ‘Jaivir Vs. Manju’ pending in the Court of Additional

District Judge, Jind to the Court of competent jurisdiction at Rohtak.

According to applicant, the marriage performed between the

parties on 19.4.2014 ran into rough weather The applicant had given birth to

a son namely Master Samarth from the loins of respondent on 13.5.2015.

The applicant along with the minor son of the parties is residing with her

parents. She is not having any source of income and she has filed a petition

under Section 125 Cr.P.C. against the respondent, which is pending at

Family Court, Rohtak. The respondent has put in appearance there. The

applicant has lodged an F.I.R. for offences under Sections 406, 498A IPC

with Police Station Rohtak against the respondent and his family members

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T.A. No. 806 of 2018 2

and they are facing trial in the Court. The applicant, not having any source

of income and taking care of minor son of the parties, it is difficult for her to

travel from Rohtak to Jind covering a distance of 60 kms on one side,

therefore, the application be accepted.

Notice of the application was given to the respondent, who was

duly served through his brother but he has not turned up to 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 The petition in question is ordered to be withdrawn from the Court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 Additional District Judge, Jind and transferred to Family Court at Rohtak

for disposal in accordance with law.

The parties through their counsel are directed to appear in the

transferee Court on 14.3.2019. Copies of orders be sent to the Court of

Additional District Judge, Jind as well as to the Family Court at Rohtak for

information and necessary compliance.

February 14, 2019

Whether speaking/reasoned Yes/No

Whether Reportable Yes/No

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