Suman @ Kusum v. Satish Pal @ Satish Kumar

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision: 12.5.2016 Suman @ Kusum .. Applicant Vs.

Satish Pal @ Satish Kumar ... Respondent

CORAM:

HON'BLE MR.JUSTICE RAMESHWAR SINGH MALIK

Present:

Mr. Jatinder Pal Singh, Advocate for the applicant.

Mr. Atul Sharma, Advocate for the respondent.

**** RAMESHWAR SINGH MALIK, J. (Oral) Applicant-wife, by way of instant transfer application under Section 24 of the Code of Civil Procedure, 1908, seeks transfer of a petition under Section 9 of the Hindu Marriage Act, 1955, ('HM Act' for short), filed by the respondent-husband, from Panipat to Ferozepur.

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 is a child out of the wedlock. Applicant-wife, alongwith with her minor

child, is staying with her parents at Ferozepur. In fact, birth of the child took place at the house of parents of the applicant-wife and the respondent-husband never went to Ferozepur either to see his wife or the child. Neither the applicant-wife is having any regular source of income, nor the respondent-husband is paying any maintenance amount either for the applicant or for the minor child. Distance between Panipat to Ferozepur is more than 350 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 respondenthusband 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 9 of the HM Act filed by the respondent-husband titled

as Satish Pal Vs. Suman, is ordered to be transferred from Panipat to Ferozepur.

Accordingly, the learned District Judge, Panipat, is directed to send complete record of the abovesaid petition to the learned District Judge, Ferozepur, 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, Ferozepur, 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 12.5.2016 AK Sharma