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2011 DIGILAW 1323 (PNJ)

Kulwant Kaur v. Bhupinder Singh

2011-06-03

JITENDRA CHAUHAN

body2011
JUDGMENT Mr. Jitendra Chauhan, J. (Oral): - CM No.14727-CII of 2011 The respondent during the pendency of the mediation proceedings has also moved a complaint against the applicant, which demonstrates the conduct of the respondent. In this situation, there appears to be no hope for conciliation. Accordingly, the proceedings before the Mediation and Conciliation Centre are withdrawn. CM No.14727-CII of 2011 is allowed. Main case The present application has been preferred by the applicant wife under Section 24 of the Code of Civil Procedure, praying for the transfer of the petition titled as ‘Bhupinder Singh Vs. Kulwant Kaur’, filed by the respondent under Section 13 of the Hindu Marriage Act, 1955 (for short `the Act’), from the Court of learned District Judge, Karnal, to the Court of competent jurisdiction at Kurukshetra. 2. The learned counsel for the applicant submits that the wife is residing at Kurukshetra, with her parents since 2005. The petition under Section 13 of the Act has been filed as the applicant has failed to deliver male child. 3. An effort was made to resolve the differences between the parties by convening the Panchayat. Even the matter was sent to the Mediation and Conciliation Centre of this Court, however, the respondent is adamant to harass the applicant and get rid of her. The applicant is stated to have sunk into depression and undergoing treatment at Pt. B.D. Sharma Post Graduate Institute of Medical Sciences, Rohtak. The couple has a young daughter who is pursuing some vocational course, however, the respondent is not supporting her and it is difficult for the child born out of the wedlock to continue the studies. 4. The learned counsel for the respondent submits that there is hardly 35 kms. distance between Karnal and Kurukshetra. The wife need not to appear on each and every date of hearing and that the entire education expenses of the grown-up daughter studying in college, are being met by the respondent. The allegations made in the alleged complaint are false. 5. Keeping in view the fact that the applicant-wife is in a poor state of health and dependent upon her parents and maintaining the grown-up child, the present application deserves to succeed. 6. Accordingly, the instant transfer application is allowed and the petition under Section 13 of the Act titled as ‘Bhupinder Singh Vs. 5. Keeping in view the fact that the applicant-wife is in a poor state of health and dependent upon her parents and maintaining the grown-up child, the present application deserves to succeed. 6. Accordingly, the instant transfer application is allowed and the petition under Section 13 of the Act titled as ‘Bhupinder Singh Vs. Kulwant Kaur’ is withdrawn from the Court of learned District Judge, Karnal, and is transferred to the Court of competent jurisdiction at Kurukshetra. The entire record pertaining to the petition under Section 13 of the Act shall be sent by the trial Court at Karnal to the learned District Judge, Kurukshetra, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction at Kurukshetra. 7. The parties shall appear before the learned District Judge, Kurukshetra, on 18.07.2011. ----------0BSK0----------