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petition in question is ordered to be withdrawn from the Court of District Judge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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