Kavita v. Deepak Pannu

Sr. No.210

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of Decision: 16.01.2020 Kavita ... Applicant

Versus

Deepak Pannu ... Respondent CORAM:- HON'BLE MR. JUSTICE ARUN MONGA Present:- Mr.Suresh Ahlawat, Advocate, for the applicant.

Mr. Ajay Aggarwal, Advocate, for Mr. Sandeep Goyat, Advocate, for the respondent.

ARUN MONGA, J.(ORAL) 1.

Applicant-wife seeks transfer of petition filed by the respondent-husband under Section 13 of the Hindu Marriage Act (Annexure P-1) bearing Regn. No.293 of 2018 Filing No. 1293 of 2018 CNR No. HRHSO 30023282018 titled as "Deepak Pannu Vs. Kavita" pending in the Court of Learned District Judge (Family Court), Hisar to the Court of competent jurisdiction at Jhajjar. 2.

Learned counsel for the applicant submits that two more petitions filed by the applicant-wife and respondent are pending at Jhajjar.

3.

Learned counsel for the applicant further submits that petitioner is residing at village Kablana, Tehsil and District Jhajjar. She has one minor son. The distance between Hisar and Jhajjar is

about 131 Kms. She has no source of income and it is difficult for her to go to Hisar on each date of hearing. On the other hand, respondent is well earning man and he can attend the Court proceedings at Jhajjar.

4.

I have heard learned counsel for the parties and have gone through the record of the case.

5.

All the cases pending between the parties are aftermath of matrimonial discord. Keeping in view the contentions in the application and the conceded position that petition under Section 125 Cr.P.C. and case under 498-A IPC are already pending in the Court at Jhajjar, it would be proper, appropriate and in the interest of justice if all the cases are tried and decided at one place. 6.

Learned counsel for the applicant also relies upon judgment of Hon'ble Apex Court in case titled Sumita Singh Vs. Kumar Sanjay and another, AIR 2002 SC 396, wherein it is held that transfer of matrimonial proceedings initiated by the husband against wife, convenience of the wife ought to be looked into. 7.

In the premise, present application is allowed. The petition in question pending before the Court of Learned District Judge, Hisar is ordered to be withdrawn from that Court and is transferred to the District Judge, Jhajjar for its disposal in accordance with law by the Court concerned.

(ARUN MONGA) 16.01.2020 JUDGE Satyawan Whether speaking/reasoned Yes/No Whether Reportable Yes/No