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Sonia vs Vinod on 5 March, 2019

T.A. No. 8987 of 2018 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

T.A. No. 8987 of 2018
DATE OF DECISION :- March 05, 2019

Sonia …Applicant

Versus

Vinod …Respondent

CORAM: HON’BLE MR. JUSTICE H.S. MADAAN

Present:- Mr. Ranjivan Singh, Advocate for the applicant.

***

By way of filing the present application, applicant Sonia, aged

about 33 years, estranged wife of Vinod-respondent seeks transfer of

petition under Section 13 of the Hindu Marriage Act, 1955 filed by her

husband Vinod against her having title ‘Vinod Vs. Sonia’ pending in the

Court of District Judge, Jind to the Court of competent jurisdiction at

Mohali.

Interalia in the application it is contended that the marriage

between the parties performed on 6.9.2011 ran into rough weather on

account of demand of dowry by the respondent and his family members.

The respondent was unemployed and was not willing to do any work. The

couple was blessed with a daughter. The applicant along with minor

daughter of the parties had to leave the matrimonial home and start residing

with her parents at Mohali. The respondent with malafide intention had

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T.A. No. 8987 of 2018 2

lodged a complaint against her with the police but then did not pursue the

matter. The applicant has also submitted a complaint against the respondent

and his family members on the basis of which formal F.I.R. for offences

under Section 406, 498A IPC was registered with Police Station, Phase 8,

Mohali. The challan has been presented and trial is going on. As a counter

blast, the respondent has filed a petition against the applicant. Earlier also

he had filed a similar petition. The applicant had sought transfer of same but

since the divorce petition was withdrawn, the application was rendered

infructuous. For the second time, he has filed divorce petition concealing

the factum of filing of similar petition earlier also. According to the

applicant, she being a young woman, having no source of income, looking

after minor daughter of the parties, aged about six years,it is difficult for her

to travel from Mohali to Jind covering a distance of about more than 200

kms so as to attend the dates of hearing there, as such 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

District Judge, Jind and transferred to the Court of District Judge,

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T.A. No. 8987 of 2018 3

S.A.S.Nagar, Mohali for disposal in accordance with law. Learned District

Judge, S.A.S.Nagar, Mohali may retain the petition on his board or assign it

to any other Court of competent jurisdiction.

The parties through their counsel are directed to appear in the

transferee Court on 2.4.2019. Copies of orders be sent to the Court of

District Judge, Jind as well as to the Court of District Judge, S.A.S.Nagar,

Mohali for information and necessary compliance.

(H.S. MADAAN)
JUDGE
March 05, 2019
p.singh

Whether speaking/reasoned Yes/No

Whether Reportable Yes/No

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