Renu Yadav v. Bhupender

T.A. No. 896 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH T.A. No. 896 of 2018 DATE OF DECISION :- February 22, 2019 Renu Yadav ...Applicant

Versus

Bhupender

...Respondent

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Balram Prashar, Advocate for Mr. Jagmohan Ghumman, Advocate for the applicant. *** Applicant Renu Yadav, aged about 30 years, wife of Bhupenderrespondent, presently residing with her parents at Village Kherki Daula, Tehsil and District Gurugram on account of matrimonial discord between the spouses by way of filing the instant application seeks transfer of petition under Section 13(1) of the Hindu Marriage Act filed by her husband Bhupender against her having title 'Bhupender Vs. Renu Yadav' pending in the Court of Additional District Judge, Rewari to the Court of competent jurisdiction at Gurugram. According to the applicant, the marriage was performed between the parties on 23.4.2008.

She was harassed and maltreated by the respondent and his family members in connection with demand of more dowry. She was forced to leave the matrimonial home along with two minor daughters. She had no place to go except house of her parents. She does not have any source of income. She has filed a complaint against the respondent and his family members to the police. She has also filed a petition under Section 125 Cr.P.C. as well as complaint under section 12 of the Domestic Violence Act in the Courts at Rewari. The divorce petition has been filed by the respondent as a PARVINDER SINGH 2019.02.

T.A. No. 896 of 2018 pressure tactic. The applicant being a poor women, taking care of two minor daughters of the parties, it is difficult for her to go from her parental place to Rewari to attend the dates of hearing in the Court there, therefore, the application be accepted.

Notice of the application was given to the respondent, who as per office report has been duly served but he has not turned up to offer a contest. I have heard learned counsel for the applicant besides going through the record.

Keeping in view the contentions in the application and submissions made by learned counsel for the applicant, in which I find merit, in absence of any strong circumstance to the contrary, it would be proper and appropriate if the application is accepted. The same is accordingly allowed. The petition in question is ordered to be withdrawn from the Court of Additional District Judge, Rewari and transferred to Family Court at Gugugram for disposal in accordance with law. The parties through their counsel are directed to appear in the transferee Court on 25.3.2019. Copies of orders be sent to the Court of Additional District Judge, Rewari as well as to the Family Court at Gurugram for information and necessary compliance.

(H.S. MADAAN) JUDGE February 22, 2019 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2019.02.25 14:00 I attest to the accuracy and integrity of this document Chandigarh