High Court of Punjab and HaryanaTA/389/2018disposed of

Mamta @ Priya v. Vikas

2018-12-18Lok Adalat Bench - 22 pages

T.A. No. 389 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH T.A. No. 389 of 2018 DATE OF DECISION :- December 18, 2018 Mamta @ Priya ...Applicant

Versus

Vikas

...Respondent

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Surinder Sharma, Advocate for the applicant. Mr. Abhijeet Partap, Advocate for the respondent. *** Learned counsel for the respondent has contended that respondent is suffering from epilepsy and is taking care of minor son of the parties, aged about 10 years, as such it would be difficult for him to go from Ludhiana to Jalandhar to attend the dates of hearing in the Court there if the application filed by his wife Mamta @ Priya for transfer of divorce petition is accepted. Learned counsel has however offered to pay travelling expenses to the applicant for each and every date of hearing in the Court at Ludhiana submitting that while fixing such expenses his monthly salary of Rs.7,000/- per month be taken into consideration.

Learned counsel for the applicant submits that petition under Section 125 Cr.P.C. filed by applicant against the respondent is pending in the Court at Jalandhar where respondent has appeared, as such this petition be also transferred there. However, considering the fact that respondent is taking care of minor son of the parties and stated to be suffering from epilepsy, I find that it would be proper and appropriate if the respondent is directed to pay the travelling expenses for each and every date of hearing rather than transferring the divorce petition from the Court at Ludhiaina to the Court at Jalandhar. Accordingly, the application is disposed of with a direction that PARVINDER SINGH 2018.12.

T.A. No. 389 of 2018 respondent would pay a sum of Rs.500/- to applicant Mamta @ Priya in the trial Court on each and every date of hearing to meet her travelling expenses. In case of two successive defaults, the applicant would be at liberty to approach this Court again seeking revival of this application.

(H.S. MADAAN) JUDGE December 18, 2018 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2018.12.19 16:05 I attest to the accuracy and integrity of this document Chandigarh