Nirjesh v. Rajesh Kumar

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision: 17.5.2016 Nirjesh .. Applicant Vs.

Rajesh ... Respondent

CORAM:

HON'BLE MR.JUSTICE RAMESHWAR SINGH MALIK

Present:

Mr. Rahul Jaswal, Advocate for the applicant.

Mr. Rajkapoor Malik, Advocate for the respondent.

**** RAMESHWAR SINGH MALIK, J. (Oral) CM No. 7514-CII-2016 Applicant seeks correction in the head note and prayer clause of the application.

Notice of the application was issued.

After hearing learned counsel for the parties, instant application is allowed and correction sought is ordered. CM stands disposed of.

TA No. 217 of 2016 Applicant-wife, by way of instant transfer application under Section 24 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 Kaithal to Panipat.

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 applicantwife is living with her parents at her ancestral village in District Panipat. Neither the applicant-wife is having any regular source of income, nor the respondent-husband is paying any maintenance amount to her. Distance between Kaithal and Panipat 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 financial status of the wife, her source of income, conduct of the husband 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 under Section 13 of the HM Act filed by the respondent-husband titled as Rajesh Kumar Vs. Nirjesh is ordered to be transferred from Kaithal to Panipat.

Accordingly, the learned District Judge, Kaithal, is directed to send complete record of the abovesaid petition to the learned District Judge, Panipat, 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, Panipat, 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 17.5.2016 AK Sharma