Smt. Poonam v. MAHESH GROVER, J

Smt. Poonam Ravinder Hooda ....Applicant VERSUS ....Respondent CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr.Ajit Malik, Advocate for the applicant Mr. Praveen Gupta, Advocate for the respondent MAHESH GROVER, J This is an application under Section 24 CPC for transfer of petition titled as 'Ravinder Hooda versus Smt. Poonam' filed under Section 13 of the Hindu Marriage Act 1955, pending in the Court of Additional District Judge, Gurgaon to a Court of competent jurisdiction at Jhajjar. The applicant who is present in Court has stated that she was married on 20.2.2007 with the respondent which marriage unfortunately did not work out leading to the filing of the petition under Section 13 of the Hindu Marriage Act which is pending in the Courts at Gurgaon. Out of the wedlock one male child was born who is living with the applicant. It is the case of the applicant that it is extremely difficult for her to attend to the Court proceedings at Gurgaon as she has minor child to take care of and she also fears threat to her life at the hands of the respondent. The Court has summoned the parties to explore the possibility of settlement between them however no such settlement seems to be possible as the applicant has expressed her willingness to stay with the respondent and is reluctant to accept the divorce whereas the respondent is TA No. 274 of 2008 2 adamant on parting ways and also not susceptible to the proposal of grant of permanent alimony to the satisfaction of the respondent to settle the matter in any form. In this view of the matter, when the re-conciliation proceedings do not seem to be a viable and considering the fact that applicant has a small child to take care of and also keeping in view the observations of Hon'ble Apex Court in case titled as 'Sumita Singh versus Kumar Sanjay and another' AIR 2002 SC 396, I am of the considered opinion that the present application deserves to succeed. Accordingly, the proceedings in the case titled as 'Ravinder Hooda versus Smt. Poonam' filed under Section 13 of the Hindu Marriage Act 1955, pending in the Court of Additional District Judge, Gurgaon are transferred to a Court of competent jurisdiction at Jhajjar. The Court at Jhajjar shall issue notice to the parties for appearance after receipt of the case on transfer April 15, 2009 (Mahesh Grover) Judge