T.A. No. 806 of 2018 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
T.A. No. 806 of 2018
DATE OF DECISION :- February 14, 2019
CORAM: HON’BLE MR. JUSTICE H.S. MADAAN
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 The petition in question is ordered to be withdrawn from the Court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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