Satinder Kaur v. Jagmal Singh
Case at a glance
Outcome
Allowed
In view of the above, the instant transfer application is allowed
Provisions considered
- Code of Civil Procedure, 1908 s. 24
- Hindu Marriage Act, 1955 s. 13(i)(a)
Judgment
CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.SK Biriwal, Advocate for the applicant. Respondent proceeded against ex-part ***** Jitendra Chauhan, J.(Oral) The present application under Section 24 of the Code of Civil Procedure has been filed by the applicant/wife, seeking transfer of the petition titled as `Jagmal Singh vs. Satinder Kaur', filed by the respondent/husband under Section 13(i)(a) of the Hindu Marriage Act, 1955, (for short `the Act') from the court of learned Additional District Judge, Jagadhri, to the court of competent jurisdiction at Ambala. I have heard the learned counsel for the applicant and perused the case file. From the perusal of case file, it emerges that the applicant, after being ousted from the matrimonial home, is presently residing with her parents at Ambala. There are averments of continuous beatings and harassment of the applicant by the respondent. The applicant lodged a complaint before the Illaqa Magistrate and on its basis, FIR No.250 dated
Operative part
25.7.2011, under Sections 323, 326, 406, 498A, 506, 34 of the Indian Penal TA No.622 of 2011 2 Code was registered at Police Station Mahesh Nagar, Ambala Cantt. The petition filed by the respondent husband appears to be a counter blast. In a dispute between the husband and the wife, normally the wife is at a receiving end. It is the divorce petition of the husband and it should be conducted in a manner which will least trouble the wife. Considering the facts that the applicant is residing at the mercy of her old parents at Ambala; she has no source of income and primarily the convenience of the wife in the circumstances cannot be ignored. Therefore, in my opinion, the balance of convenience is in favour of the wife, the applicant. Accordingly, the present application deserves to be allowed. In view of the above, the instant transfer application is allowed. Petition under Section 13(i)(a) of the Act titled as ‘Jagmal Singh Versus Satinder Kaur' is withdrawn from the Court of learned Additional District Judge, Jagadhri and is transferred to the court of competent jurisdiction at Ambala. The complete record pertaining to the case in question shall be sent by the trial Court at Jagadhri, to the learned District Judge, Ambala, within two weeks from the date of receipt of a copy of this Order. The learned District Judge, Ambala will either dispose it of himself or entrust it to any Court of competent jurisdiction. The parties through their counsel shall appear before the Court of District Judge, Ambala, on 16.3.2012 at 10 AM.
10.02.2012 (JITENDRA CHAUHAN) JUDGE
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In view of the above, the instant transfer application is allowed
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — s. 24; Hindu Marriage Act, 1955 — s. 13(i)(a).
Which court decided this case, and when?
Punjab & Haryana High Court, on 10 Feb 2012. The bench was JITENDRA CHAUHAN.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.