High Court of Punjab and HaryanaTA/427/2018dismissed

Suman v. Rajinder Kumar

2018-08-29Mr. Justice Ashok Kumar Verma2 pages

Yogesh Sharma 2018.09.07 10:00 I attest to the accuracy and integrity of this document TA-427-2018

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH TA-427-2018 Date of decision : 29.08.2018 Suman ... Petitioner

Versus

Rajinder Kumar ... Respondent

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. M.K. Bhatnagar, Advocate for the petitioner.

**** AMIT RAWAL, J.

Prayer in the present petition is to transfer the Petition filed by the respondent-husband under Section 13 of the Hindu Marriage Act and all subsequent proceedings pending before the Court of Ld. Additional District Judge, Jalandhar to the Court of competent jurisdiction at Amritsar. Learned counsel for the petitioner submitted that the marriage between the parties was performed on 14.02.1988. The wife was allegedly thrown out of the matrimonial house on 09.07.2015 and divorce petition, ibid was filed at Jalandhar. The distance between Amritsar to Jalandhar is about 100 kilometers, therefore, it is very difficult for the petitioner to appeared before the concerned Court at Jalandhar. It is an attempt to harass and humiliate the petitioner and therefore, transfer of the petition has been sought.

I have heard learned counsel for the petitioner, appraised the paper book and of the view that there is no merit and force in the

Yogesh Sharma 2018.09.07 10:00 I attest to the accuracy and integrity of this document TA-427-2018 submissions of Mr. M.K. Bhatnagar, for, the distance between Amritsar and Jalandhar is about 81 kms, which cannot be said to be far away keeping in view the fact that over a period of time, the commutation between the towns and various other cities of the States of Punjab and Haryana have become more convenient owing to widening and setting up of four-lane highways. Inconvenience cannot be a ground for transfer of the petition, until and unless certain circumstances of threat perception to the liberty and life are there. No such averment or argument, in this regard, has been made. Keeping in view the aforementioned facts, I do not find it a fit case for transfer of the divorce petition.

The transfer application is dismissed.

( AMIT RAWAL) JUDGE 29.08.2018 Yogesh Sharma Whether speaking/reasoned Yes/ No Whether Reportable Yes/ No