High Court of Punjab and HaryanaTA/33/2014allowed

Asha Sharma v. Deep Raj Vashisth

2015-07-07Mr. Justice Harinder Singh Sidhu2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

TA No.33 of 2014 (O&M) Date of Decision: July 07, 2015 Asha Sharma ...Applicant

Versus

Deep Raj Vashisth

...Respondent

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Ashok Tyagi, Advocate for the applicant.

None for the respondent.

**** INDERJIT SINGH, J.

Applicant Asha Sharma has filed this application under Section 24 CPC against Deep Raj Vashisth for transfer of petition filed by the respondent under Section 13(1) of the Hindu Marriage Act, from the Court of learned Addl. District Judge, Jhajjar to the Court of competent jurisdiction at Gurgaon.

Notice of motion was issued. Earlier, learned counsel for the respondent appeared but later on, none appeared on behalf of the respondent. Today, none appeared on behalf of the respondent. Learned counsel for the applicant requested for transfer of the case and argued as per averments in the application. I have heard learned counsel for the applicant and have gone through the record.

VINEET GULATI 2015.07.14 16:36 I attest to the accuracy and authenticity of this document Chandigarh

TA No.33 of 2014 -2The perusal of the application shows that the petitioner is M.A., B.Ed. and residing with her parents at Gurgaon. She has no source of income and dependent upon her parents. It is further stated in the application that applicant's father-in-law and brother-in-law are practising advocates at Jhajjar and it is very difficult for her to defend her case at Jhajjar.

Keeping in view the inconvenience caused to the applicant by travelling to Jhajjar and in view of the fact that father and other relative of respondent are practising advocates at Jhajjar, I find merit in the present application and the same is allowed. The case filed by the respondent-husband under Section 13(1) of the Hindu Marriage Act is transferred to the Court of learned District Judge, Gurgaon from the Court of learned Addl. District Judge, Jhajjar. The applicant is directed to appear before learned District Judge, Gurgaon on 28.07.2015. Learned District Judge, Gurgaon may keep the case with him/her or entrust the same to some other competent Court for disposal in accordance with law after giving notice to respondent. July 07, 2015 (INDERJIT SINGH) Vgulati JUDGE VINEET GULATI 2015.07.14 16:36 I attest to the accuracy and authenticity of this document Chandigarh