High Court of Punjab and HaryanaTA/506/2021disposed of

Kusum v. Yogesh

2021-11-11Mrs. Justice Alka Sarin2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH TA-506-2021 (O&M) Date of decision :11.11.2021 Kusum .....Petitioner(s)

Versus

Yogesh .....Respondent(s) CORAM: HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. Sonia G. Singh Samber, Advocate for the petitioner. None for the respondent.

**** ALKA SARIN, J. (ORAL) The present petition has been filed under Section 24 of the Code of Civil Procedure, 1908 by the petitioner-wife seeking transfer of the petition i.e. DMC/263/2021titled as "Yogesh Vs. Kusum" filed by the respondent-husband for judicial separation under Section 10 of the Hindu Marriage Act, 1955 (for short the 'HM Act') pending in the Court of Additional Principal Judge, Family Court, Panipat to the Court of competent jurisdiction at Karnal.

Learned counsel for the petitioner would contend that the petitioner was married to the respondent on 21.11.2011 and out of the said wedlock one child was born on 14.11.2018. The petitioner is now residing with her parents at Karnal along with her minor child. The petitioner is working as a Staff Nurse on contract basis and she is not in a position to travel approximately a distance of 80 Kms (up and down) to Panipat along YOGESH SHARMA 2021.11.12 11:06 I attest to the accuracy of this order.

Punjab and Haryana High Court, Chandigarh

TA-506-2021 (O&M) -2with her minor child on each date of hearing in order to attend the Court proceedings.

As per the office report, the respondent-husband stands duly served. Case was called twice, however, none has put in appearance on his behalf despite service. He is, therefore, proceeded against ex parte. Heard learned counsel for the petitioner.

In the present case, the petitioner is working as a Staff Nurse on contract basis and is residing at Karnal along her minor child. The distance between the place of residence of the petitioner and the Court at Panipat is about 80 Kms (to and fro).

Keeping in view the totality of the circumstances as mentioned above, I deem this to be a fit case for transfer of the petition i.e. DMC/263/2021titled as "Yogesh Vs. Kusum"filed by the respondenthusband for judicial separation under Section 10 of the HM Act pending in the Court of Additional Principal Judge, Family Court, Panipat to the Court of competent jurisdiction at Karnal.

The records of the case shall be sent by the concerned Court at Panipat to the Court of the learned District Judge, Karnal and the parties shall appear there on 06.12.2021 at 10.00 a.m. The present petition is disposed off in the above terms. ( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO 11.11.2021 Yogesh Sharma YOGESH SHARMA 2021.11.12 11:06 I attest to the accuracy of this order.

Punjab and Haryana High Court, Chandigarh