TA-1097-2018 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
TA-1097-2018 (OM)
Date of decision: 04.04.2019
Ritu
…Applicant
Versus
Sandeep Kumar
…Respondent
CORAM: HON’BLE MR.JUSTICE H.S. MADAAN
Present: Mr. Sanjay Jain, Advocate for the applicant.
Mr. B.S. Dhillon, Advocate for the respondent.
****
H.S. MADAAN, J. (Oral)
CM-7882-CII-2019
This is an application for placing on record the reply on
behalf of the respondent along with documents Annexure R-1 to R-6.
Heard. Allowed, subject to all just exceptions. Documents
be taken on record.
Main Case
By way of moving the present application, applicant Ritu,
aged about 29 years, estranged wife of respondent Sandeep Kumar,
presently residing with her parents at Ambala City, on account of
differences between the spouses, seeks transfer of divorce petition filed
by her husband, the respondent against her having title ‘Sandeep
Kumar Vs. Ritu’ pending in the Court of Addl. District Judge,
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Kurukshetra to the Court of competent jurisdiction at Ambala.
According to the applicant, the marriage solemnized
between the parties ran into rough weather. Resultantly, the applicant
along with minor son of the parties, namely Ashwani Sodhi, aged about
06 years, who is mentally challenged, had to leave the matrimonial
home and start residing with her parents at Ambala City. The applicant
has attached supporting documents including the disability certificate
of minor son of the parties showing that he is 100% disabled;
According to the applicant she does not have any source of income, as
such, she has filed a petition under Section 125 Cr.P.C. and another
petition under Section 12 of Protection of Women from Domestic
Violence Act, 2005 as well as a complaint under Sections 406 and 498-
A of IPC against the respondent and his family members at Ambala
City. Just to pressurize the applicant, the respondent has filed the
divorce petition against the applicant in a Court at Kurukshetra. The
applicant having no source of income, required to take care of minor
son of the parties, who is mentally challenged and who requires
constant care and cannot be left alone at any given moment of time, it
is difficult for her to travel from Ambala City to Kurukshetra to attend
the dates of hearing in Court there. Therefore, the present application
be accepted.
Notice of the application was given to the respondent, who
has put in appearance and filed written reply, contesting the application
vehemently, contending therein that the distance between Ambala City
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and Kurukshetra is only 40 kms, which can easily be traversed by the
applicant. The respondent has to look after his ailing parents and
mentally retarded sister. The behaviour of the applicant towards
respondent and his family members during her stay at the matrimonial
home, was rude and cruel. Mamta, sister of the respondent, aged about
35 years is 100% mentally challenged. Under the circumstances, the
respondent cannot leave his ailing parents and mentally challenged
sister alone and go to Ambala City to attend the dates of hearing in
Court there. As such, the application be dismissed being without any
merit. The respondent has also attached copies of medical documents
to show that his parents are unwell and his sister is mentally
challenged. He has attached some photographs in that regard also.
I have heard learned counsel for the parties besides going
through the record.
The reasons given in the application for transfer by the
applicant and as argued by learned counsel for the applicant clearly
outweigh the reasons given by the respondent in the written reply and
comparatively inconvenience to the applicant shall be much more, in
case this application is declined, than to the respondent, if the same is
allowed.
The Apex Court in various judgments has observed that in
matrimonial disputes between the spouses convenience of wife should
be looked into. In that regard a reference can be made to authority
Sumita Singh Versus Kumar Sanjay and another, 2002 AIR(SC) 396
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by a Division Bench of Hon’ble Supreme Court.
In Bhartiben Ravibhai Rav Versus Ravibhai
Govindbhai Rav, 2017(3) RCR(Civil) 369, the Apex Court had
allowed application for transfer of the divorce petition to a place where
the wife was residing considering various factors including the distance
between the place where the wife was residing and the place of sitting
of the Court where divorce petition had been instituted and the fact that
the wife had filed two cases against her husband in the Court at the
place of her residence wherein the respondent had already put in
appearance.
In Apurva Versus Navtej Singh, 2017(2) Law Herald 966
by a Co-ordinate Bench of this Court, it was observed that wherever
the Courts are called upon to consider the plea of transfer in
matrimonial disputes, the Courts have to take into consideration
various factors like economic soundness of either of the parties, the
social strata of the spouses to which they belong and behavioural
pattern, standard of life antecedents of marriage. Generally it is the
wife’s convenience, which must be looked at by the Courts while
deciding the transfer application.
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
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withdrawn from the Court of Addl. District Judge, Kurukshetra and
transferred to Family Court at Ambala for disposal in accordance with
law.
The parties through their counsel are directed to appear in
the transferee Court on 02.05.2019. Copies of orders be sent to both the
Courts for information and necessary compliance.
04.04.2019 (H.S. MADAAN)
sumit.k JUDGE
Whether speaking/reasoned : Yes No
Whether Reportable : Yes No
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