Mamta v. Shubam Verma @ Shammi
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Sr. No.205 Date of Decision: 09.08.2024 MAMTA ....Applicant
Versus
SHUBAM VERMA @ SHAMMI .....Respondent
CORAM:
HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. N.K.Manchanda, Advocate for the applicant.
Mr. Navneet Jindal, Advocate for the respondent.
***** ARCHANA PURI, J. (Oral) The applicant wife has filed the present transfer application for seeking transfer of the petition i.e. HMA-969-2022 titled "Shubam Verma @ Shammi v/s Mamta" under Section 12 (2) (a) (ii) of Hindu Marriage Act, 1955, filed at the instance of respondent/husband, from Family Court, Chandigarh to the court of competent jurisdiction at Ferozepur. In pursuance of notice issued, respondent has made appearance through counsel.
Learned counsel for the parties heard.
At the very outset, learned counsel for the applicant has submitted that it was the second marriage of the applicant with the respondent and no child was born from the wedlock of the parties to the lis. However, on account of matrimonial discord, they are residing separate. Learned counsel further submits that the applicant has filed one complaint
under Section 12 of Protection of Women from Domestic Violence Act, 2005, against the respondent, as a counterblast to the same petition under Section 12 of Hindu Marriage Act, has been filed by the respondent. In the given circumstances, it is submitted that it is difficult for the applicant to defend the said petition from a distance of about 230 kms from the place of her residence.
On the other hand, learned counsel for the respondent submits that the marriage had never taken place with the consent of the respondent and therefore, he had challenged the same on the ground of nullity, on account of lack of consent. It is further submitted that the respondent had met the applicant, with regard to the his visa formality to be completed, with regard to his going abroad only.
Learned counsel for the respondent also submitted that the respondent is having disability to the extent of 65% of hearing. Along with the reply photostat copy of one certificate issued by the Hospital Authorities, has been attached. However, perusal of the same reveals that it mentions about 65% hearing loss and further nothing, as such, has been mentioned in the said Certificate, with regard to the hearing loss from both ears or one ear only. Nothing, as such, has been mentioned about the impact of the same. On this account, it cannot be held, at this stage, about the disability to be having any disadvantage to the applicant, to such an extent that it becomes difficult for him to pursue the petition, filed at his instance, if so transferred.
N.C.V. Aishwarya vs. A.S.Saravana Karthik Sha, 2022 INSC 1310, wherein, the Hon'ble Supreme Court made observations, with regard to the various conditions, ought to be taken into consideration, while dealing
with the transfer of the legal proceedings, which are reproduced, as herein given:-
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Learned District and Sessions Judge, Ferozepur, shall assign the said petition to the Family Court Ferozepur. Even, the parties are directed to appear before the Family Court, Ferozepur, within a period of one month from today onwards.
(ARCHANA PURI) 09.08.2024 JUDGE # Whether speaking/reasoned :
Yes Whether reportable :
Yes/No