Navjot Kaur v. Kamaldeep Singh
Case at a glance
Outcome
Allowed
In view of the above, the instant transfer application is allowed
Provisions considered
Judgment
CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Vipin Mahajan, Advocate for the applicant. None for respondent. **** Jitendra Chauhan, J. (Oral) The applicant-wife has filed the present application under Section 24 of the Code of Civil Procedure, seeking transfer of the divorce petition titled as `Kamaldeep Singh vs. Navjot Kaur', filed by the respondent-husband under Section 13 of the Hindu Marriage Act, 1955, (for short `the Act') from the court of learned Additional District Judge, Hoshiapur, to the court of competent jurisdiction at Gurdaspur. Despite service, none appeared on behalf of the respondent. He is proceeded against ex-parte. 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 TA No.99 of 2012 2 having been ousted from the matrimonial home, is presently residing with her parents at Gurdaspur.
There are averments of continuous beatings and harassment of the applicant by the respondent. She has no source of income and therefore, it would be difficult for her to attend the court proceedings at Hoshiarpur on each and every date. It is well settled principle of law that convenience of the wife is to be seen in the matters filed by the husband against the wife as held by the Hon'ble Supreme Court in the cases of Sumitra Singh vs. Kumar Sanjay and another, AIR 2002 SC 396, Neelam Kanwar vs Devinder Singh Kanwar, 2001(1) M.L.J. 509 (SC), and Mangla Patil Kale vs. Sanjeev Kumar (2003) 10 SCC 280. Considering the fact that the applicant is presently residing at Gurdaspur; it would certainly be difficult for the wife, having no source of income to attend the court proceedings at Hoshiapur. In the petition filed by the husband, primarily the convenience of the wife is to be seen. In the present case, the balance of convenience is in favour of the applicant-wife and against the respondent-husband.
Operative part
In view of the above, the instant transfer application is allowed. Petition under Section 13 of the Act titled as ‘Kamaldeep Singh vs. Navjot Kaur' is withdrawn from the Court of learned Additional District Judge, Hoshiapur and is transferred to the court of competent jurisdiction at Gurdaspur. The complete record pertaining to the case in question shall be sent by the trial Court at Hoshiapur, to the learned District Judge, Gurdaspur, within two weeks from the date of receipt of a copy of this TA No.99 of 2012 3 Order. The learned District Judge, Gurdaspur will either dispose it of himself or entrust it to any Court of competent jurisdiction at Gurdaspur. The parties shall appear before the Court of District Judge, Gurdaspur, on 7.5.2012 at 10 AM.
3.4.2012 (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.
Which court decided this case, and when?
Punjab & Haryana High Court, on 03 Apr 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.