Pratibha Dhar v. Debojyoti Dhar

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision: 28.4.2016 Pratibha Dhar .. Applicant Vs.

Debojyoti Dhar ... Respondent

CORAM:

HON'BLE MR.JUSTICE RAMESHWAR SINGH MALIK

Present:

Mr. Gaurav Talwar, Advocate for Mr. Sumit Jain, 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 Faridabad to Gurgaon.

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

As per office report, respondent has been served. Case has been called twice over, however, nobody has come present on behalf of the respondent to contest the instant transfer application.

Heard learned counsel for the applicant.

It has gone undisputed before this Court that there is a child out of this wedlock. Applicant-wife, alongwith her child, is living with her widowed mother at Gurgaon. Respondent-husband is not paying any maintenance amount to the minor child. Distance between Faridabad and Gurgaon is more than 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, her responsibility for bringing up the children, conduct of the parties 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 is ordered to be transferred from Faridabad to Gurgaon. Accordingly, the learned District Judge, Faridabad, is

directed to send complete record of the abovesaid petition to the learned District Judge, Gurgaon, 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, Gurgaon, 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 28.4.2016 AK Sharma