Meenu v. Naresh Kumar

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH T.A. No. 621 of 2018 DATE OF DECISION :- December 14, 2018 Meenu ...Applicant

Versus

Naresh Kumar

...Respondent

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. M.S. Khillan, Advocate for the applicant. Mr. Suresh Kumar Kaushik, Advocate for the respondent. *** This application under Section 24 CPC for transfer of divorce petition titled 'Naresh Kumar versus Meenu, pending in the Court of Additional District and Sessions Judge, Kaithal to the Court of competent jurisdiction at Karnal has been filed by applicant Meenu, aged 30 years, who is respondent in the divorce petition. It is contended that she is working and residing at Karnal and minor son of the parties, aged about 9 years is also studying in a school at Karnal.

It being so, it is difficult for her to go to Kaithal covering a distance of about 50 kms to attend the dates of hearing in the Court there, therefore, the application be accepted, divorce petition be transferred to the Court of competent jurisdiction at Karnal. Notice of application was given to the respondent , who has put in appearance through counsel and is vehemently opposing the application contending that the applicant has concealed the facts from the Court. Her father has expired and she is putting up at Asandh not at Karnal. In that PARVINDER SINGH 2018.12.

way, she can very well travel small distance of 55 kms so as to attend the dates of hearing in the Court at Kaithal, therefore, the application be dismissed.

After hearing the learned counsel for the parties and going through the record, considering the settled law that convenience of the wife is to be kept into consideration in such like cases and that applicant is a young woman of 30 years, who is taking care of minor son of the parties stated to be studying in a school at Karnal, it would be definitely inconvenient for her to travel such distance so as to attend the dates of hearing in the Court at Karnal, therefore, ends of justice demand that application should be accepted, the same is accordingly allowed. The petition in question is ordered to be withdrawn from the Court of Additional District and Sessions Judge, Kaithal and transferred to the Court of District Judge, Karnal for disposal in accordance with law. Learned District Judge, Karnal 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 21.1.2019. Copies of orders be sent to the Court of Additional District and Sessions Judge, Kaithal as well as to the Court of District Judge, Karnal for information and necessary compliance. (H.S. MADAAN) JUDGE December 14, 2018 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2018.12.15 16:09 I attest to the accuracy and integrity of this document Chandigarh