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Sanya vs Amit Kumar on 8 October, 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
TA No.322 of 2018
Date of decision: 08.10.2018
Sanya .. Petitioner
vs.
Amit Kumar .. Respondent

Coram: Hon’ble Mr. Justice Harinder Singh Sidhu

Present:- Mr.Sanjiv K. Aggarwal, Advocate for the petitioner.

Mr. Rajesh Khandelwal, Advocate for the respondent.

Harinder Singh Sidhu, J.

The petitioner-wife has filed this petition under Section 24 of

the Code of Civil Procedure for transferring the petition under Section 13 of

the Hindu Marriage Act, 1955 titled as “Amit Kumar Vs. Sanya”, filed by

the respondent-husband, which is pending in the Court of Ld. Additional

District Judge, Jind to a Court of competent jurisdiction at Kaithal.

It is stated that the marriage of the petitioner was solemnized

with the respondent on 26.01.2015. The parties do not have any child. It is

the case of the petitioner that immediately after the marriage, the petitioner

was harassed and humiliated by the respondent and his family members on

account of dowry. She was forced to leave the matrimonial home on

30.07.2015. Since then she is residing with her parents at Kaithal.

The petitioner has filed a petition under Section 125 Cr.P.C. for

maintenance, which is pending before the Ld. Judicial Magistrate Ist Class,

Kaithal. A complaint under the Protection of Women from Domestic

Violence Act, 2005 against the respondent is also pending at Kaithal. FIR

No. 10 dated 13.02.2016 under Section 406/498A IPC, Police Station

Women, Kaithal has also been registered against the respondent.

Thereafter, the respondent has filed the petition under Section

13 of the Hindu Marriage Act, 1955 at Jind.

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TA No.322 of 2018 -2-

It is stated that the petitioner has no independent source of

income. She is wholly dependent on her parents. She is residing at Village

Dhand. It is very difficult for her to attend the Court proceedings at Jind,

which is at a distance of 80 Kms. from her place of residence. Moreover, there

are three proceedings pending at Kaithal, in which the respondent is already

appearing and if the present petition is also transferred to Kaithal, he would

not suffer any hardship.

Learned counsel for the respondent on the other hand, contends

that the respondent is apprehensive about his safety as the petitioner has a

close relationship with local DSP at Kaithal. In fact an FIR No.185 dated

10.05.2016 under Section 323, 506 IPC lodged against the respondent and

his father at the instance of the petitioner for allegedly threatening the

petitioner has been found false on an enquiry conducted by the Police.

Notwithstanding the apprehension of the respondent.

Considering the facts and circumstances and that the respondent is already

facing three proceedings at Kaithal in which he has been appearing, the

present is allowed.

The petition under Section 13 of the Hindu Marriage Act, 1955

DMC No.140/2018 titled as “Amit Kumar Vs. Sanya”, filed by the

respondent-husband, which is pending in the Court of Ld. Additional

District Judge, Jind is withdrawn from that Court and transferred to

Kaithal. The District Judge, Kaithal may assign it to any competent Court.

(Harinder Singh Sidhu)
08.10.2018 Judge
Atul
Whether speaking/reasoned Yes/No
Whether Reportable: Yes/No

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