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Ritu vs Raman on 9 August, 2018

TA No.370 of 2018
Date of Decision : 9.8.2018

…. Respondent.

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 [2]

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is withdrawn from that court and transferred to Bhiwani.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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