Preeti v. Lovepreet Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision: 6.4.2016 Preeti .. Applicant Vs.

Lovepreet Singh ... Respondent

CORAM:

HON'BLE MR.JUSTICE RAMESHWAR SINGH MALIK

Present:

Mr. Jasmandeep, Advocate for the applicant.

Mr. Ashok Giri, 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 divorce petition filed by the respondent-husband under Section 13 of the Hindu Marriage Act, 1955, ('HM Act' for short), from Jalandhar to Ludhiana.

Notice of motion was issued and interim order was passed.

The matter was referred to the Mediation and Conciliation Centre. However, parties could not arrive at an amicable settlement. Report dated 29.3.2016 has been received from the learned Mediator.

Heard learned counsel for the parties.

It has gone undisputed between the parties that applicant-wife is living with her parents at Ludhiana. Applicant-wife is not having any regular source of income. The respondent husband is not paying any amount of maintenance to the applicant-wife. Distance between Jalandhar and Ludhiana is about 40 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 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. No other argument was raised.

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 application deserves to be accepted and the same is hereby allowed. Divorce petition filed by the respondent-husband bearing HMA No.1/2015 (Lovepreet Singh Vs. Preeti), is ordered to be transferred from Jalandhar to Ludhiana.

Accordingly, the learned District Judge, Jalandhar, is directed to send complete record of the abovesaid divorce petition to the learned District Judge, Ludhiana, 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, Ludhiana, is also directed either to decided the case himself or assign it to the 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 6.4.2016 AK Sharma