Bhawna Sharma And ANR. v. Mukesh Kumar

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision: 13.5.2016 Bhawna Sharma and another .. Applicants Vs.

Mukesh Kumar ... Respondent

CORAM:

HON'BLE MR.JUSTICE RAMESHWAR SINGH MALIK

Present:

Mr. R.K. Matoo, Advocate for the applicants.

Mr. Sherry K. Singla, Advocate for the respondent.

**** RAMESHWAR SINGH MALIK, J. (Oral) Applicants, by way of instant transfer application under Section 24 read with Section 151 of the Code of Civil Procedure, 1908, seek transfer of a petition filed by the respondent under the Hindu Minority & Guardianship Act, 1956 ('the Act' for short), from Shaheed Bhagat Singh Nagar (Nawanshahar) to Patiala. Notice of motion was issued and in the meantime, further proceeding 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 her

children, is staying with her widowed mother at Patiala. 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 children. Distance between Shaheed Bhagat Singh Nagar (Nawanshahar) to Patiala is more than 100 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, 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 filed by the respondent under the Act is ordered to be transferred from Shaheed Bhagat Singh Nagar (Nawanshahar) to Patiala.

Accordingly, the learned District Judge, Shaheed Bhagat Singh Nagar (Nawanshahar), is directed to send complete record of the abovesaid petition to the learned District Judge, Patiala, 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, Patiala, 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 13.5.2016 AK Sharma