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2001 DIGILAW 1140 (PNJ)

Manoj Kumari v. Shiv Kumar Bansal

2001-10-15

AMAR DUTT

body2001
JUDGMENT Amar Dutt, J. - Manoj Kumari petitioner has filed the present application under Section 24 of the Code of Civil Procedure for transfer of a petition under Section 13 of the Hindu Marriage Act filed against her by the respondent from the Court of District Judge, Faridabad to the Court of District Judge, Jind. 2. According to the petitioner, since 7.12.2000, when she had been forced to leave the matrimonial home, she has been residing at Narwana with her brother after the death of her father. She is physically handicapped on account of a fracture of the left hip joint and cannot walk properly and would have great difficulty in catching the bus. She is also not in a position to bear the expenses of travelling to Faridabad on every date of hearing. In view of this, she submits that the case titled as "Shiv Kumar Bansal v. Smt. Manoj Kumari" which is pending before the District Judge, Faridabad be transferred to the Court of District Judge, Jind. According to her, such a transfer would not adversely affect the respondent as he has been, in any case, paying fortnightly, visit to Narwana where his parents are also residing. 3. In the reply, filed by him, the respondent has controverted those portions of allegations which assert that the respondent has influence in Faridabad and his father in a very rich person. The assertions regarding inconvenience are also denied and it is submitted that the distance of Jind from Faridabad would make it difficult for the respondent to examine her witnesses. 4. I have heard Shri S.K. Garg, learned counsel for the petitioner and Shri Arun Jain, learned counsel for the respondent and have given my thoughtful consideration to the submissions made by them. 5. The petitioner in this case, apart from being a lady face difficulty in movement on account of the fracture of her left side hip joint. Her father has died and she is solely dependent upon her brother. Travelling from Narwana to Faridabad may be of greater inconvenience to her than her husband for she might find it difficult to find a companion to accompany her to Faridabad on every date of hearing since she is residing in Narwana which is only 40 KMs from Jind and respondent to has been visiting that city, occasionally to meet the parents. In view of these circumstances, convenience-wise, transfer of the petition to Jind would be preferable. 6. For the reasons recorded above, the petition titled as "Shiv Kumar Bansal v. Smt. Manoj Kumari" filed under section 13 of the Hindu Marriage Act by Shiv Kumar Bansal, respondent herein, is ordered to be withdrawn from the files of the District Judge, Faridabad and the same is transferred to the District Judge, Jind who either will deal with the case himself or entrust it to any other court of competent jurisdiction. 7. The parties through their counsel are directed to appear before the District Judge, Jind on 2.11.2001. The District Judge, Faridabad will ensure that the records of the case are forwarded to the District Judge, Jind immediately. Petition allowed.