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Judgments of Supreme Court of India and High Courts

Sharmila vs Randeep on 16 August, 2019

T.A. No. 352 of 2019 1


T.A. No. 352 of 2019
DATE OF DECISION :- August 16, 2019

Sharmila …Applicant


Randeep …Respondent


Present:- Mr. Ajit Sihag, Advocate for the applicant.

Applicant Sharmila, aged about 21 years, estranged wife of Randeep-

respondent, presently residing with her parents at Bhiwani, on account of

matrimonial discord between the spouses, by way of filing the instant application

seeks transfer of petition under Section 9 of the Hindu Marriage Act filed by her

husband Randeep against her having title ‘Randeep Vs. Sharmila’ pending in the

Court of Principal District Judge, Family Court, Hisar to the Court of competent

jurisdiction at Bhiwani.

According to the applicant, the marriage performed between the

parties on 11.12.2014 did not work properly. The couple was not blessed with any

child. On account of differences between the parties, the applicant was forced to

leave the matrimonial home and start residing with her parents. She has lodged an

F.I.R. under Section 498A against the respondent in which challan has been filed.

She has filed a petition under Section 125 Cr.P.C. against the respondent. As a

counter blast the respondent has filed the petition in question against the applicant

just to harass and cause inconvenience to her. She being a young woman, having

no source of income, it is difficult for her to travel from her parental place to Hisar

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T.A. No. 352 of 2019 2

covering a distance of 90 kms on one side to attend the dates of hearing in the

Court there, therefore, the application be accepted.

Notice of the application was given to the respondent, who as per

office report has been duly served but he has not turned up to offer a contest.

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petition in question is ordered to be withdrawn from the Court of Principal District

Judge, Family Court, Hisar and transferred to Family Court at Bhiwani for disposal

in accordance with law.

The parties are directed to appear in the transferee Court on

18.9.2019. Copies of orders be sent to the Court of Principal District Judge, Family

Court, Hisar as well as to the Family Court at Bhiwani for information and

necessary compliance.

August 16, 2019

Whether speaking/reasoned Yes/No

Whether Reportable Yes/No

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