IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
TA No.370 of 2018
Date of Decision : 9.8.2018
CORAM: HON’BLE MR.JUSTICE HARINDER SINGH SIDHU
Present:- Mr.Vaibhav Jain, Advocate
for the petitioner.
None for the respondent.
Harinder Singh Sidhu, J.
Petitioner (wife) has filed the present petition under Section 24
of the Code of Civil Procedure for transfer of the petition under Section 13
of the Hindu Marriage Act, 1955 titled as “Raman Vs. Ritu” filed by the
respondent (husband) which is pending before the Principal District Judge
(Family Court), Hisar, to a court of competent jurisdiction at Bhiwani.
It is stated that the marriage between the parties was
solemnized on 7.12.2014. The parties do not have a child. It is stated that
the petitioner after being thrown out from the matrimonial home, is now
living at her parental house at Bhiwani. The distance between Bhiwani and
Hisar is 64 kms and it is difficult for the petitioner to attend court
proceedings at Hisar.
Learned counsel for the petitioner further states that four cases ;
i) complaint under Sections 323, 34, 406, 506, 498A, IPC, ii) petition under
Section 125 Cr.P.C. for grant of maintenance, iii) petition under Section 9
of the Hindu Marriage Act and iv) petition under The Protection of Women
from Domestic Violence Act, 2005, instituted by the petitioner against the
respondent are pending at Hisar.
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TA No.370 of 2018 
As the respondent did not appear despite service, he was
proceeded against ex-parte vide order dated 29.5.2018. Thereafter, the case
was listed for 27.7.2018. Again, no one put in appearance on behalf of the
respondent on 27.07.2018, and the case was adjourned for today. Today
again, no one has put in appearance on behalf of the respondent.
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 Hisar to a Court of competent
jurisdiction at Bhiwani. Accordingly, this petition is allowed. The petition
under Section 13 of the Hindu Marriage Act, 1955 titled as “Raman Vs.
Ritu” pending in the Court of Principal District Judge (Family Court), Hisar
is withdrawn from that court and transferred to Bhiwani. The learned
District Judge, Bhiwani may assign it to a competent court at Bhiwani.
(Harinder Singh Sidhu)
Whether speaking/ reasoned: Yes/No
Whether Reportable: Yes/No
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