Kulwant Kaur v. Major Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision: 23.4.2016 Smt. Kulwant Kaur .. Applicant Vs.

Major Singh ... Respondent

CORAM:

HON'BLE MR.JUSTICE RAMESHWAR SINGH MALIK

Present:

Mr. R.S. Budhwar, Advocate for Mr. Ravinder Malik, Advocate for the applicant.

None 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 under Section 13 of the Hindu Marriage Act, 1955, ('HM Act' for short), filed by the respondent-husband, from Patiala to Ambala.

Notice of motion was issued and further proceedings before the learned trial court were stayed.

As per office report, service is complete. Case has been called twice over, however, none has come present on behalf of the respondent.

Heard learned counsel for the applicant.

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 old parents at her ancestral village in Ambala. Applicant-wife is not having any regular source of income. Distance between the place of residence of the applicant and Patiala is about 50 Kilometers. There is no male member in the family to escort the applicant while going to Patiala for pursuing the litigation imposed on her by the respondent-husband. Applicant-wife has already filed a petition under Section 9 of the Hindu Marriage Act at Ambala.

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, her responsibility for bringing up the children 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 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 Major Singh Vs. Kulwant Kaur @ Sukhjinder Kaur is ordered to be transferred from Patiala to Ambala.

Accordingly, the learned District Judge, Patiala is directed to send complete record of the abovesaid petition to the learned District Judge, Ambala, 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, Ambala, 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. Parties are directed to appear before the learned District Judge, Ambala, on 23.5.2016.

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 23.4.2016 AK Sharma