Seema v. Gourav Juneja

In the High Court of Punjab and Haryana at Chandigarh ......

T.A. No.82 of 2014 (O&M) .....

Date of decision:4.8.2015 Seema .....Petitioner v.

Gourav Juneja .....Respondent ....

Coram :

Hon'ble Mr. Justice Inderjit Singh .....

Present:

Mr. Kamal Chaudhary, Advocate for the petitioner. Mr. N.S. Shekhawat, Advocate for the respondent. .....

Inderjit Singh, J.

This petition has been filed under Section 24 C.P.C. for transferring the petition filed under Sections 12(1)(c) and 13(1)(iii) of the Hindu Marriage Act, 1955 (hereinafter referred to as `the Act') titled as "Gourav Vs. Seema", by respondent in the Court of Principal Judge, Family Court, Gurgaon to the Court of competent jurisdiction at Hisar. Notice of this petition was given to the respondent, who was represented by Mr. N.S. Shekhawat, learned counsel and contested this petition.

I have heard learned counsel for the parties and have gone through the record.

HARPAL SINGH PARMAR 2015.08.12 17:28 I attest to the accuracy and authenticity of this document Chandigarh

T.A. No.82 of 2014 (O&M) [2 From the record, I find that a minor child is with the petitioner and it is difficult for her to visit the Court at Gurgaon from Hisar. Two proceedings are already pending at Hisar, one under Section 9 of the Act and the other under Section 125 Cr.P.C. In the matrimonial disputes, the convenience of the wife is to be seen. It is inconvenient for the petitioner to visit Gurgaon. Further more, no prejudice will be caused to the respondent, who has to appear in other proceedings under Section 9 of the Act and under Section 125 Cr.P.C. in the Courts at Hisar. Rather, it will be convenient for the parties to get the dates fixed on one day by making request to the Courts. In view of the above, I find merit in this petition and the same is accepted.

The petition filed under Sections 12(1)(c) and 13(1)(iii) of the Act pending before learned Principal Judge, Family Court, Gurgaon is transferred to the Court of competent jurisdiction at Hisar. The parties are directed to appear before District Judge, Hisar on 26.8.2015. The District Judge, Hisar will be at liberty to keep this case with him or may entrust the same to any Court of competent jurisdiction at Hisar, for disposal as per law.

The learned Principal Judge, Family Court, Gurgaon is directed to send the file of the above case to the learned District Judge, Hisar well before the date fixed.

August 4, 2015.

(Inderjit Singh) Judge *hsp* HARPAL SINGH PARMAR 2015.08.12 17:28 I attest to the accuracy and authenticity of this document Chandigarh