TA No.201 of 2016 and another 1

HIGH COURT FOR THE STATES OF PUNJAB HARYANA AT
CHANDIGARH

TA No.201 of 2016 (OM)
Date of decision:6.4.2017

Preeti Rani
…Applicant

Versus

Arun Bansal
…Respondent
CRM-M No.16746 of 2016

Arun Bansal
…Applicant

Versus

Preeti Rani

…Respondent

CORAM: HON’BLE MR. JUSTICE RAMESHWAR SINGH MALIK

Present: Ms.Natasha Munjal, Advocate for the applicant in
TA No.201 of 2016 and for the respondent in
CRM-M No.16746 of 2016.

Mr.Sandeep Goyal, Advocate for the petitioner in
CRM-M No. 16746 of 2016 and for the respondent in
TA No.201 of 2016.

RAMESHWAR SINGH MALIK, J. (Oral)

These two identical transfer applications between the same

parties are being disposed of, vide this common order, with the consent of

learned counsel for the parties, as both these transfer applications are arising

out of similar set of facts. However, for the facility of reference, facts are

being culled out from TA No.201 of 2016.

Applicant, by way of instant transfer application under Section

24 of the Code of Civil Procedure (for short ‘CPC’), seeks transfer of the

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petition under Section 13 of the Hindu Marriage Act, 1955 (‘the Act’ for

short) titled as Arun Bansal Vs. Preeti Rani, filed by respondent-husband

from Karnal to Ferozepur.

Similarly by way of CRM-M No.16746 of 2016, husband has

filed a petition under Section 407 of Code of Criminal Procedure (`Cr.P.C.’

for short), seeking transfer of the petition filed by the respondent-wife under

Section 125 Cr.P.C. from Ferozepur to Karnal.

Notice of motion was issued in both these cases. CRM-M

No.16746 of 2016 was ordered to be heard with TA No.201 of 2016 vide

order dated 3.2.2017.

Heard learned counsel for the parties.

When these cases came up for hearing on 14.3.2017, following

order was passed by this Court:-

“There is a serious dispute between the parties, whether
the respondent-husband is suffering from any ailment or not.

Learned counsel for the respondent-husband submits that
as on date, respondent is staying with his sister at Kurukshetra.

In view of the above, Civil Surgeon, Kurukshetra, is
directed to constitute a Medical Board to get medical test of the
respondent namely Sh. Arun Bansal, conducted at an early date,
on payment of requisite charges by the respondent.

Let the medical examination be conducted within a period
of two weeks from today and thereafter, the Civil Surgeon,
Kurukshetra, shall furnish his report to this Court before the next
date of hearing.

List on 6.4.2017.

Office is directed to send a copy of this order to the Civil
Surgeon, Kurukshetra, forthwith, for compliance.

A copy of this order be placed on the file of connected
case.”

In compliance of the above-said order passed by this Court,

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Civil Surgeon, Kurukshetra, constituted a Board of Doctors, who conducted

the medical examination of the respondent-husband namely Shri Arun

Bansal. Clinical examination and final opinion of the Medical Board reads

as under:-

“Clinical Examination:-

Spastic rigidity present in the left upper and left lower limbs.
Clonus present in left lower limb.

Chest X ray (Dated 22/03/2017, L..J.P Hospital,
Kurukshetra):-Suggestive of Cardiomegaly, rest-within normal
limits.

ECG (Dated 20/03/2017, L.N.J.P. Hospital, Kurukshetra):-
shows qS waves in leads aVf and V1 and T wave inversion in
leads V3-V6 and lead III.

Final Opinion:- After going through past history, clinical
records produced, present clinical examination and fresh
investigation done, the board is of the opinion that patient
Arun Bansal Son of Shri K.K.Bansal is suffering from Dilated
Cardiomyopathy and left spastic hemiplegia (due to stroke)
and patient is also on maintenance treatment for Mixed Anxiety
and Depressive disorder.

Sd/- Sd/- Sd/-

Dr.Narinder Pruthi Dr.Anoop Mehta Dr.Gautam Chawla
Senior Medical Officer Medical Officer Medical Officer
L.N.J.P Hospital, L.N.J.P Hospital, L.N.J.P Hospital,
Kurukshetra Kurukshetra Kurukshetra”

A bare perusal of the medical report would show that

respondent-husband would be unable to go to Ferozepur from Karnal to

pursue both these litigations pending between the parties. Further learned

counsel for the respondent-husband has stated that TA No.201 of 2016 filed

by the applicant-wife may be dismissed and CRM-M No.16746 of 2016

filed by the husband, seeking transfer of petition under Section 125 Cr.P.C.

filed by the wife from Ferozepur to Karnal be allowed because the

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respondent-husband would pay actual expenses for journey to be undertaken

by the wife to come from Ferozepur to Karnal, to attend the court

proceedings in both these cases. Learned counsel for the respondent-

husband further submits that husband would be paying the travelling

expenses for the wife as well as one another person from her family, who

would be accompanying her from Ferozepur to Karnal, however, the travel

expenses should be either by bus of the State Transport or by the train.

After hearing the learned counsel for the parties and going

through the record of both these cases, this Court is of the considered

opinion that interest of justice demands that the petition filed by the wife

under Section 125 Cr.P.C. deserves to be transferred from Ferozepur to

Karnal and divorce petition filed by the husband deserves to be allowed to

continue at Karnal itself, however, subject to payment of travelling expenses

for the applicant-wife along with another member of her family from

Ferozepur to Karnal, as and when she would come to attend the court

proceedings.

Accordingly, TA No. 201 of 2016 is dismissed and the divorce

petition filed by the husband would continue at Karnal. CRM-M No.16746

of 2016, filed by the husband, is allowed and the petition filed by the wife

under Section 125 Cr.P.C. is ordered to be transferred from Ferozepur to

Karnal.

The learned District Sessions Judge, Ferozepur, is directed to

send complete record of the petition filed by the wife under Section 125

Cr.P.C. titled as Preeti Rani Vs. Arun Bansal to the learned District Judge,

Karnal, at an early date but in any case within a period of one month from

the date of receipt of certified copy of this order.

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The learned District Sessions Judge, Karnal, is also directed

to assign the petition under Section 125 Cr.P.C. titled as Preeti Rani Vs.

Arun Bansal to the learned court of competent jurisdiction at Karnal for its

early decision. He is also directed to ensure that divorce petition filed by

the husband at Karnal as well as the petition filed by the wife under Section

125 Cr.P.C. are ordered to be heard on the same date, though by different

courts having jurisdiction, so as to enable both the parties to attend the

proceedings of both these cases on the same date.

Should there be any confusion, it is also clarified that on each

date of hearing, as and when the wife comes to attend the court proceedings

from Ferozepur to Karnal, the respondent-husband would pay the amount

spent by her on account of travelling expenses from Ferozepur to Karnal for

two persons on furnishing the railway/bus tickets and the learned courts

shall ensure that the requisite amount is paid by the husband to the wife on

the date of hearing itself.

With the above-said observations made and directions issued,

both these transfer petitions stand disposed of, however, with no order as to

costs.

6.4.2017 (RAMESHWAR SINGH MALIK)
mks JUDGE

Whether Speaking/reasoned : Yes/No
Whether Reportable : Yes/No

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