IN THE HIGH COURT OF PUNJAB AND HARYANA
TA No.322 of 2018
Date of decision: 08.10.2018
Sanya .. Petitioner
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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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)
Whether speaking/reasoned Yes/No
Whether Reportable: Yes/No
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