T.A. No. 262 of 2008 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

T.A. No. 262 of 2008 (O&M)

Date of decision : 21.5.2009

Darshna @ Darshna Rani

....Petitioner

Versus

Subhash Chand

...Respondent

CORAM : HON'BLE MR.JUSTICE MAHESH GROVER ....

Present : Mr. M.K.Singla, Advocate

for the petitioner.

Mr. Navkiran Singh, Advocate

for the respondent.

.....

MAHESH GROVER, J.

C.M.No.15387-CII of 2008 is allowed.

This is a petition under Section 24 of the Code of Civil Procedure for transfer of divorce case titled as 'Subhash Chand v. Smt.Darshana', from the Court of Additional District and Sessions Judge, Gurgaon to a Court of competent jurisdiction at Sangrur. According to the averments made in the petition, the marriage of the petitioner was solemnized with the respondent on 4.12.1988 at Gurgaon and out of this wedlock a son was born on 8.8.2004 and a daughter on 24.5.2008. However, unfortunately, the marriage did not work out leading to some litigation between the T.A. No. 262 of 2008 (O&M) -2- parties. The petitioner filed a petition under Section 125 Cr.P.C. whereas the respondent has initiated proceedings under Section 13 of the Hindu Marriage Act in the Court at Gurgaon. It is the latter proceedings which the petitioner-wife wants to be transferred to Sangrur on the grounds that it is extremely difficult for her to travel to Gurgaon which is about 300 kilometers and also to leave her minor children at Sangrur. It was also contended that the children are too small to be carried to Gurgaon and that her parents are old and infirm and they cannot take care of the children and nor they can accompany her to Gurgaon. It was also contended that the respondent in any eventuality is facing the proceedings under Section 125 Cr.P.C. at Sangrur.

On the other hand, learned counsel for the respondent contended that he has no objection if the proceedings are transferred to some place other than Sangrur.

After hearing the learned counsel for the parties and perusing the averments made in the petition and the reply filed thereto, in my opinion the proceedings deserve to be transferred to Sangrur keeping in view the totality of the circumstances and also the fact that the respondent is already facing proceedings under Section 125 Cr.P.C. at Sangrur and also having regard to the observations of the Apex Court in Neelam Kanwar v. Davinder Kumar Kanwar 2001(1) MLJ 509 (SC).

Consequently, the petition is allowed and the proceedings under Section 13 of the Hindu Marriage Act, 1955 titled as 'Subhash Chand v. Smt.Darshana' are directed to be transferred from Gurgaon T.A. No. 262 of 2008 (O&M) -3- to a Court of competent jurisdiction at Sangrur. The transferee Court shall issue notice to the parties on receipt of the case and shall determine the controversy in accordance with law. 21.5.2009 (MAHESH GROVER) JUDGE

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