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Nidhi Sharma vs Rohit Kumar on 20 February, 2019

T.A. No. 679 of 2018 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

T.A. No. 679 of 2018
DATE OF DECISION :- February 20, 2019

Nidhi Sharma …Applicant

Versus

Rohit Kumar …Respondent

CORAM: HON’BLE MR. JUSTICE H.S. MADAAN

Present:- Mr. Rajeev Sharma, Advocate for the applicant.

Mr. Satbir Rathore, Advocate for the respondent.

***

Applicant Nidhi Sharma, aged about 31 years, estranged wife of

Rohit Kumar-respondent, presently residing with her parents at Hoshiarpur on

account of matrimonial discord between the spouses by way of filing the

instant application seeks transfer of petition under Section 13 1(i) (a) of the

Hindu Marriage Act filed by her husband Rohit Kumar against her having title

‘Rohit Kumar Vs. Nidhi Sharma’ pending in the Court of District Judge

(Family Court) at Gurugram to the Court of competent jurisdiction at

Hoshiarpur.

According to the applicant, the marriage, which was performed

between the parties on 6.11.2013 ran into rough weather. The applicant gave

birth to a female child from the loins of respondent on 27.8.2014. On account

of demand of dowry and cruel treatment given to her at the hands of

respondent and his family members, she along with minor daughter had to

leave the matrimonial home and start residing with her parents at Hoshiarpur.

The respondent has filed a divorce petition against her as a pressure tactic. The

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T.A. No. 679 of 2018 2

applicant, being a young woman, having no source of income, required to look

after minor daughter of the parties, it is difficult for her to travel from

Hoshiarpur to Gurugram covering a distance of 490 kms on one side. The

applicant has filed a criminal complaint under Sections 498A and 406 IPC in

the Court at Mukerian, therefore, the application be accepted.

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

put in appearance through counsel. The application is being opposed

vehemently.

I have heard learned counsel for the parties 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

(Family Court) at Gurugram and transferred to Family Court at Hoshiarpur for

disposal in accordance with law.

The parties through their counsel are directed to appear in the

transferee Court on 18.3.2019. Copies of orders be sent to the Court of District

Judge (Family Court) at Gurugram as well as to the Family Court at

Hoshiarpur for information and necessary compliance.

(H.S. MADAAN)
JUDGE
February 20, 2019
p.singh

Whether speaking/reasoned Yes/No

Whether Reportable Yes/No

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