Shipra Munjal v. Himanshu Saini
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Sr. No.201 Date of Decision: 31.07.2024 SHIPRA MUNJAL ....Applicant
Versus
HIMANSHU SAINI .....Respondent
CORAM:
HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Vaibhav Garg, Advocate for Mr. Anuj Balian, Advocate for the applicant.
None for the respondent.
***** ARCHANA PURI, J. (Oral) Applicant/wife has filed the present application for seeking transfer of the petition under Section 13 of Hindu Marriage Act, bearing HMA/968/2019 titled "Himanshu Saini v/s Shipra Munjal" filed at the instance of the respondent/husband, from Family Court, Ambala to the court of competent jurisdiction at Panchkula.
In pursuance of notice issued, respondent at first instance had made appearance before this Court on 26.07.2023. However, on the last date of hearing none had made appearance on behalf of the respondent. Today also, none has made appearance on behalf of the respondent. Even, as directed vide order dated 13.09.2023, reply has also not been filed. In the given circumstances, respondent is proceeded against ex parte.
Learned counsel for the applicant heard.
It is submitted by learned counsel for the applicant that prior to the filing of the divorce petition, at the instance of the respondent/husband, applicant had filed the petition under Section 13 of Hindu Marriage Act, which is already pending in the courts at Panchkula, copy whereof has been placed on record as Annexure P-2. Even, the applicant had got lodged the FIR No. 376 dated 10.12.2019, under Sections 406, 498-A at Police Station, Pinjore, trial whereof is pending in the courts at Panchkula. In the given circumstances, a prayer has been made for allowing of the instant application and transferring the petition filed at the instance of the respondent-husband in the courts at Panchkula.
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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It is well settled that while considering the transfer of the matrimonial dispute/case, the Court is to consider the family condition of the wife, custody of the children, economic condition of the wife, her physical health and the extent of her earning capacity, as well as earning capacity of the husband and most important, convenience of the wife, more particularly, considering the distance between the two places, where the litigation is already pending and is proposed to be now transferred and also about the connectivity of the place from her place of residence and bearing of the litigation charges and travelling expenses.
Now, adverting to the case, in hand, it is observed that since the petition under Section 13 of Hindu Marriage Act, filed at the instance of the applicant is prior in time, it is always appropriate to consider the convenience of wife, in pursuing the petition, filed at the instance of the respondent/husband.
Considering the submissions made by learned counsel for the applicant and the various circumstances, as spelt out, the application, as such, is hereby accepted and the petition
! HMA/968/2019 titled "Himanshu Saini v/s Shipra Munjal"
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stands transferred from the Family Court, Ambala to the Court of competent jurisdiction at Panchkula. The requisite record of the aforesaid divorce petition shall be transferred by the Family Court, Ambala to District and Sessions Judge, Panchkula.
Learned District and Sessions Judge, Panchkula, shall assign the said petition to the Family Court Panchkula. Even, the parties are directed to appear before the Family Court, Panchkula, within a period of one month from today onwards.
(ARCHANA PURI) 31.07.2024 JUDGE
Whether speaking/reasoned :
Yes Whether reportable :
Yes/No