Minku @ Neha v. Vishal Sharma

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision: 20.5.2016 Minku @ Neha .. Applicant Vs.

Vishal Sharma ... Respondent

CORAM:

HON'BLE MR.JUSTICE RAMESHWAR SINGH MALIK

Present:

Mr. M.S. Rana, Advocate for the applicant.

Mr. Rahul Rampal, Advocate for the respondent.

**** RAMESHWAR SINGH MALIK, J. (Oral) Applicant-wife, by way of instant transfer application under Section 24 read with Section 151 of the Code of Civil Procedure, 1908, seeks transfer of a divorce petition under Section 13 of the Hindu Marriage Act, 1955 ('HM Act' for short), filed by the respondent-husband, from Ludhiana to Jalandhar. Notice of motion was issued and in the meantime, further proceedings before the learned trial court were stayed. Heard learned counsel for the parties.

It has gone undisputed before this Court that there are two children out of this wedlock. Applicant-wife, alongwith both her

minor children, is staying with her parents at Jalandhar. Neither the applicant-wife is having any regular source of income, nor the respondent-husband is paying any maintenance amount either for the applicant-wife or for the minor child. Other litigations at the instance of the applicant-wife are also pending at Jalandhar. Distance between Jalandhar and Ludhiana is about 60 Kilometers. In view of the abovesaid undisputed fact situation obtaining in the present case, this Court is of the considered opinion that instant transfer application deserves to be allowed.

It is so said because responsibility of the wife for bringing up the children, her financial status, her source of income, conduct of the husband in not paying the maintenance amount and distance between two places, besides her convenience, are some of the relevant considerations for deciding the transfer application like the present one The abovesaid view taken by this Court also finds support from the earlier order dated 16.03.2016 passed by this Court in TA No.945 of 2015 (Sushma and others Vs. Kapil @ Sahil Bansal), which, in turn, was based on the judgments of the Hon'ble Supreme Court, as well as different High Courts, including this Court.

Considering the peculiar facts and circumstances of the case noted above, coupled with the reasons aforementioned, this Court is of the considered view that instant transfer application deserves to be accepted and the same is hereby allowed. Petition under Section 13 of the HM Act filed by the respondent-husband bearing HMA-2061 of 2015 ( Vishal Sharma Vs. Minku @ Neha), is ordered to be transferred from Ludhiana to Jalandhar.

Accordingly, the learned District Judge, Ludhiana, is directed to send complete record of the abovesaid petition to the learned District Judge, Jalandhar, at an early date but in any case within a period of one month from the date of receipt of certified copy of this order.

The learned District Judge, Jalandhar, is also directed either to decide the case himself or assign it to the learned court of competent jurisdiction, for an early decision, in accordance with law. With the abovesaid observations made and directions issued, present transfer application stands disposed of, however, with no order as to costs.

(RAMESHWAR SINGH MALIK ) JUDGE 20.5.2016 AK Sharma