IN THE HIGH COURT OF PUNJAB AND HARYANA
TA No.639 of 2018 (OM)
Date of decision: 04.09.2018
Pinki .. Petitioner
Sanjiv Kumar @ Sanjay .. Respondent
Coram: Hon’ble Mr. Justice Harinder Singh Sidhu
Present:- Mr. Sanjay Ghalawat, Advocate
for the petitioner.
Harinder Singh Sidhu, J.
The petitioner is the wife and the respondent her husband. This
petition has been filed under Section 24 of the Code of Civil Procedure for
transferring the case under Section 13 of the Hindu Marriage Act, 1955 titled as
“Sanjiv Kumar Vs. Pinki’ pending in the Court of Ld. District Judge, SAS Nagar,
Mohali to a Court of competent jurisdiction at Kaithal.
Learned counsel for the petitioner states that the marriage of the
petitioner was solemnized with respondent on 08.05.2009. One female child,
namely, Palak presently aged about 5 years and one male child namely Harmeet
aged 3 ½ years were born to the parties. It is the case of the petitioner that the
respondent and his family maltreated the petitioner. In January, 2012, the father of
the petitioner convened a panchayat in which the respondent assured
that in future he will not harass and humiliate the petitioner. Again in June, 2015
a panchayat was convened and the respondent gave assurance that he would not
harass the petitioner. But despite the assurances, the behaviour of the respondent
did not change. The petitioner was given beating and on 22.06.2017, she was
thrown out from matrimonial home. Since then, the petitioner is residing with her
parents. An FIR No.0456 dated 21.12.2017 under Section 323, 406, 498A, 504
IPC has been lodged against the respondent and his family members, trial of which
is going on in the Court at Kaithal. A petition under Section 25 of the Guardian
and Wards Act, 1890 for the custody of female child, namely, Palak and male
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child namely Harmeet, is also pending in the Family Court, Kaithal. Thereafter,
respondent has filed the petition under Section 13 of the Hindu Marriage Act at
SAS Nagar, Mohali.
Learned counsel for the petitioner states that the distance from
Mohali to Kaithal where the petitioner is residing is about 130 Kms. The parents
of the petitioner are old and sick. She has one brother, who is engaged in labour.
The petitioner is unemployed and it is difficult for her to attend the Court at
The respondent has been served, however no one has put in
appearance on his behalf.
In view of the aforesaid facts and circumstances, this petition is
allowed. The case under Section 13 of the Hindu Marriage Act titled as “Sanjiv
Kumar Vs. Pinki’ pending in the Court of Ld. District Judge, SAS Nagar, Mohali is
withdrawn from that Court and transferred to Kaithal. The District Judge, Kaithal
may assign it to a competent Court at Kaithal.
(Harinder Singh Sidhu)
Whether speaking/reasoned Yes/No
Whether Reportable: Yes/No
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