T.A. No. 849 of 2018 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
T.A. No. 849 of 2018
DATE OF DECISION :- February 06, 2019
Sarla Devi …Applicant
CORAM: HON’BLE MR. JUSTICE H.S. MADAAN
Present:- Mrs. Pratibha Yadav, Advocate for the applicant.
By way of filing the instant application, applicant Sarla Devi,
aged about 33 years, estranged wife of Manjeet-respondent, presently residing
with her parents at village Pathredi, Tehsil Manesar, District Gurugram on
account of matrimonial discord with her husband seeks transfer of petition
under Section 9 of the Hindu Marriage Act filed by her husband Manjeet
against her having title ‘Manjeet Vs. Sarla Devi’ pending in the Court of
Additional Civil Judge (Sr. Divn.), Jhajjar to the Court of competent
jurisdiction at Gurugram.
According to the applicant, the marriage performed between the
parties on 18.6.2014 did not work. The applicant had given birth to a female
child from the loins of respondent on 28.4.2015, who was named as baby
Paryas. On account of cruel treatment given to her by the respondent, she had
to leave the matrimonial home along with minor daughter of the parties and
start residing with her parents. She has filed a petition under Section 125
Cr.P.C. against the respondent seeking maintenance, which is pending before
Principal Judge, Family Court, Gurugram. She has also initiated proceedings
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T.A. No. 849 of 2018 2
for registration of F.I.R. for offences under Sections 498A and 506 IPC against
the respondent which are pending. As a pressure tactic, the respondent has filed
the petition in question. It is difficult for her to travel from her parental place to
Jhajjar covering a distance of 80 kms. She has to take care of minor daughter
of the parties. She does not have any source of income and further more two
cases are already pending at Gurugram, therefore, the application be accepted.
Notice of the application was given to the respondent, who was
duly served but did not appear.
I have heard learned counsel for the applicant besides going
through the record.
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petition in question is ordered to be withdrawn from the Court of Additional
Civil Judge (Sr. Divn.), Jhajjar and transferred to Family Court at Gurugram
for disposal in accordance with law.
The parties through their counsel are directed to appear in the
transferee Court on 8.3.2019. Copies of orders be sent to the Court of
Additional Civil Judge (Sr. Divn.), Jhajjar as well as to the Family Court at
Gurugram for information and necessary compliance.
February 06 2019
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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