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2004 DIGILAW 1548 (SC)

AMITA v. VINOD KUMAR

2004-11-01

P.P.NAOLEKAR, R.C.LAHOTI

body2004
ORDER 1. HEARD. 2. THE LEARNED COUNSEL FOR THE PETITIONER WIFE STATES UNDER INSTRUCTIONS OF THE PETITIONER, PRESENT IN THE COURT, THAT ALTHOUGH AN APPEAL AGAINST THE D DECISION DATED 11-12-2001 IN CRIMINAL CASE NO. 96-1 OF 1993 HAS BEEN FILED IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH BUT THE APPEAL SHALL NOT BE PRESSED FOR HEARING INSOFAR AS THE ACCUSED SHAM SUNDER AND SMT PRAKASHWATI THEREIN ARE CONCERNED. THE APPEAL MAY BE ALLOWED TO BE PROSECUTED ONLY INSOFAR AS ACCUSED-RESPONDENT VINOD KUMAR IS CONCERNED. SUCH A PRAYER BEFORE THE HIGH COURT SHALL BE MADE BY THE PETITIONER WITHIN A PERIOD OF FOUR WEEKS FROM TODAY, STATES THE LEARNED COUNSEL FOR THE PETITIONER. THIS STATEMENT IS TAKEN ON RECORD, AS PRAYED. 3. THE TRANSFER PETITIONS ARE ALLOWED AFTER HEARING THE LEARNED COUNSEL FOR THE PARTIES. PETITION NO. 1583 OF 2002 UNDER SECTION 13 OF THE HINDU MARRIAGE ACT TITLED AS "VINOD KUMAR V. AMITA" PENDING IN THE COURT OF CIVIL JUDGE, GHAZIABAD, U.P. AND PETITION NO. 121 OF 2002 UNDER SECTION 6 OF THE HINDU MINORITY AND GUARDIANSHIP ACT TITLED AS "VINOD KUMAR V. AMITA" PENDING IN THE COURT OF DISTRICT JUDGE, GHAZIABAD, V.P. ARE DIRECTED TO BE TRANSFERRED TO THE COURT OF DISTRICT JUDGE, HISSAR, HARYANA. 4. THE DISTRICT JUDGE AND CIVIL JUDGE, GHAZIABAD, U.P. SHALL, SOON ON COMMUNICATION OF THIS ORDER, TRANSFER THE RECORD OF PROCEEDINGS IN PETITION NO. 121 OF 2002 UNDER SECTION 6 OF THE HINDU MINORITY AND GUARDIANSHIP 9 ACT TITLED AS "VINOD KUMAR V. AMITA" AND PETITION NO. 1583 OF 2002 UNDER SECTION 13 OF THE HINDU MARRIAGE ACT TITLED AS "VINOD KUMAR V. AMITA" TO THE DISTRICT JUDGE, HISSAR, HARYANA, WHO MAY TRY THE PETITIONS HIMSELF OR MAKE OVER THE SAME FOR HEARING AND DISPOSAL IN ACCORDANCE WITH LAW TO A COURT OF COMPETENT JURISDICTION SUBORDINATE TO HIM. 5. ON BEHALF OF THE RESPONDENT HUSBAND AN APPREHENSION IS EXPRESSED THAT H WHILE PARTICIPATING IN THE HEARING AT HISSAR, THE RESPONDENT MAY BE HARASSED AND IT MAY BE DIFFICULT FOR HIM TO DEFEND HIMSELF. THE LEARNED COUNSEL FOR THE PETITIONER WIFE AGAIN MAKES A STATEMENT UNDER INSTRUCTIONS THAT THE PETITIONER SHALL TAKE CARE TO SEE THAT NO HARASSMENT IS CAUSED TO THE RESPONDENT AND NO OBSTACLE IS CREATED IN THE RESPONDENT DEFENDING HIMSELF IN THE MATRIMONIAL PROCEEDINGS AT HISSAR. THE LEARNED COUNSEL FOR THE PETITIONER WIFE AGAIN MAKES A STATEMENT UNDER INSTRUCTIONS THAT THE PETITIONER SHALL TAKE CARE TO SEE THAT NO HARASSMENT IS CAUSED TO THE RESPONDENT AND NO OBSTACLE IS CREATED IN THE RESPONDENT DEFENDING HIMSELF IN THE MATRIMONIAL PROCEEDINGS AT HISSAR. WE RECORD THAT STATEMENT AND MAKE IT CLEAR THAT IN THE EVENT OF THE RESPONDENT FINDING IT DIFFICULT TO DEFEND HIMSELF OR ANY OBSTACLE BEING CREATED IN HIS APPEARANCE FOR DEFENDING THE CASE AT HISSAR, THIS ORDER OF TRANSFER SHALL BE LIABLE TO BE RECALLED. 6. THE PETITIONER HAS FURTHER UNDERTAKEN THAT SHE WILL NOT SEEK ANY UNNECESSARY ADJOURNMENT. THE COURT AT HISSAR SHALL ALSO TRY TO EXPEDITE THE HEARING IN VIEW OF THE FACT THAT THE RESPONDENT HUSBAND SHALL BE CALLED UPON TO APPEAR FROM GHAZIABAD, UTTAR PRADESH IN THE COURT AT HISSAR, HARYANA. 7. THE PARTIES THROUGH THEIR RESPECTIVE COUNSEL ARE DIRECTED TO APPEAR BEFORE THE DISTRICT JUDGE, HISSAR, HARYANA ON 7-12-2004. 8. NO ORDER AS TO THE COSTS.