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Judgments of Supreme Court of India and High Courts

Neha vs Man Mohit on 28 August, 2018


TA-255-2018 (OM)
Date of decision : 28.08.2018

… Petitioner
Man Mohit
… Respondent

Present:- Mr.H.S.Jaswal, Advocate
for the petitioner.

Mr. Kiran Kumar, Advocate for the respondent.

Harinder Singh Sidhu, J.

The petitioner, wife has filed the present application under

Section 24 of the Code of Civil Procedure for transfer of the petition under

Section 12(1) (C) of the Hindu Marriage Act, 1955 filed by the respondent,

husband, pending in the court of Additional District Judge (Family Court),

Rohtak titled as “Man Mohit Vs. Neha” to a Court of competent jurisdiction

at Ambala where the petitioner is residing with her parents.

The marriage between the parties was solemnized on 5.3.2016.

They have no child. The case of the petitioner is that on account of

harassment at the hands of the respondent and his family members, the

petitioner was forced to leave the matrimonial home and she started living

with her parents at Ambala. It is stated that four cases filed by the petitioner

against the respondent are pending in the court at Ambala. These are:- FIR

No.256 dated 29.11.2016 under Sections 323, 34, 506 of the Indian Penal

Code which is pending before the learned Judicial Magistrate 1st Class,

Ambala; FIR No.18 dated 8.2.2017 under Sections 323, 354-A, 406, 498A

and 506 of the Indian Penal Code, registered at Women Police

Station, Ambala which is pending before learned Judicial Magistrate 1st

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05-09-2018 23:27:25 :::
TA No.255 of 2018 (OM) [2]

Class, Ambala; Petition under Section 125 of the Code of Criminal

Procedure which is pending in the court of District Judge, Family Court,

Ambala; Application under Section 12 of the Protection of the Women from

Domestic Violence Act 2005 filed against the respondent pending before

the Judicial Magistrate, 1st Class Ambala.

It is the case of the petitioner that the respondent has put in

appearance in all the four cases.

The petitioner is unemployed and is wholly dependent on her

parents. It would be difficult for her to attend the court proceedings at

Rohtak where respondent, husband has instituted petition under Section 12

(1) (C) of the Hindu Marriage Act.

Considering the facts and circumstance of the case, it is

appropriate that the petition under Section 13 of the Hindu Marriage Act,

filed by the husband, be transferred from Rohtak to Ambala.

Accordingly, this petition is allowed. The petition under

Section 12 (1) (C) of the Hindu Marriage Act, 1955 titled as “Man Mohit

Vs. Neha” pending in the Court of Addl. District Judge (Family Court),

Rohtak is withdrawn from that court and transferred to Ambala. The learned

District Judge, Ambala may assign it to a competent court at Ambala.

(Harinder Singh Sidhu)
Whether speaking/ reasoned: Yes/No
Whether Reportable: Yes/No

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