Rishba v. Vikrant Bhama

T.A. No. 775 of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH T.A. No. 775 of 2017 DATE OF DECISION :- December 13, 2018 Rishba ...Applicant

Versus

Vikrant Bhama

...Respondent

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Arpandeep Narula, Advocate for the applicant. Mr. Barjinder Singh, Advocate for the respondent. *** Applicant Rishba by way of filing the instant petition under Section 24 of the Code of Civil Procedure seeks transfer of divorce petition filed by her husband Vikrant Bhama-respondent against her having title 'Vikrant Bhama Vs. Rishba' pending in the Court of District Judge (Family Court), Gurgaon to the Court of competent jurisdiction at Sirsa. According to her, she along with minor daughter of the parties, presently aged about four years had to leave the matrimonial home on account of dispute with her husband. Presently both of them are residing with parents of the applicant at Sirsa. The applicant does not have any source of income and maintenance granted by the Court to her has not been paid by the respondent for the last about seven months. Distance between Sirsa and Gurgaon is 250 kms on one side, as such it is difficult for her to PARVINDER SINGH 2018.12.14 14:13 I attest to the accuracy and integrity of this document Chandigarh

T.A. No. 775 of 2017 go from Sirsa to Gurgaon more particularly when she has to take care of minor daughter of the parties besides incurring expenditure of travelling. Notice of the application was given to the respondent, who has put in appearance through his counsel.

I have heard learned counsel for the parties besides going through the record.

The application is being opposed vehemently. After going through the record, I find that ends of justice demand that the application should be accepted. The same is accordingly allowed. The petition in question is ordered to be withdrawn from the Court of District Judge (Family Court), Gurgaon and transferred to the Court of District Judge, Sirsa for disposal in accordance with law. Learned District Judge, Sirsa may retain the petition on his Board or assign it to any other Court of competent jurisdiction.

The parties through their counsel are directed to appear in the transferee Court on 15.1.2019. Copies of orders be sent to the Court of District Judge (Family Court), Gurgaon as well as to the Court of District Judge, Sirsa for information and necessary compliance. (H.S. MADAAN) JUDGE December 13, 2018 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2018.12.14 14:13 I attest to the accuracy and integrity of this document Chandigarh