Major Smt. Suman Yadav v. Rajiv Yadav

Major Smt. Suman Yadav ....Applicant VERSUS Rajiv Yadav ....Respondent CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. Sandeep Vermani, Advocate for the applicant Mr. P.R.Yadav, Advocate for the respondent MAHESH GROVER, J This is an application under Section 24 CPC for transfer of petition titled as 'Rajiv Yadav versus Major Suman Yadav' filed under Section 13(1)(ia)(ib) of the Hindu Marriage Act 1955, pending in the Court of Sh. Vimal Kumar, Additional District Judge, Rewari to a Court of competent jurisdiction at Gurgaon. The marriage of the petitioner with respondent was solemnized on 30th November, 1994 at Gurgaon. From the wedlock a child named Rebecca was born on 17.9.1995 at Rewari. Unfortunately, the marriage did not work out, as a result of which the respondent filed a petition under Section 13 of the Hindu Marriage Act which is pending in the Court at Rewari. The present petition has been filed by the petitioner who is wife of respondent to state that she is posted at Chandi Mandir and her parents are residing at Gurgaon.

It is pleaded by her that Rewari is about 300 kms away TA No. 384 of 2008(O&M) 2 from the present place of posting which she finds difficult to cover to attend the proceedings as it not only takes a toll on the affairs of the child but is also creating difficulties in obtaining leave for the said purpose as she belongs to a discipline force. Intensive efforts were made by this Court to resolve the dispute and on 18th December, 2008 the petitioner stated before this Court that she is willing to join her husband without any pre-condition. However, the respondent is adamant that he does not wish to stay and cohabit with her. Today when the matter was taken up, this Court interacted with both the parties. The respondent remained adamant even today and stated that he has absolutely no concern or interest in the petitioner or his child. After having heard learned counsel for the parties and keeping in view the difficulties which have been expressed by the petitioner which prima facie Court finds convincing enough 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 'Rajiv Yadav versus Major Suman Yadav' filed under Section 13(1)(ia)(ib) of the Hindu Marriage Act 1955, pending in the Court of Sh. Vimal Kumar, Additional District Judge, Rewari is transferred to a Court of competent jurisdiction at Gurgaon The Court at Gurgaon shall issue notice to the parties for appearance after receipt of the case on transfer. January 29 , 2009 (Mahesh Grover) Judge