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2011 DIGILAW 1571 (PNJ)

Mandeep Choudhary v. Rakesh Kumar

2011-08-16

JITENDRA CHAUHAN

body2011
JUDGMENT Mr. Jitendra Chauhan, J.: (Oral). - CM No.19443-CII of 2011 Allowed as prayed for. Main case 1. 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 ‘Rakesh Kumar Vs. Mandeep Choudhary’, filed by the respondent under Section 13 of the Hindu Marriage Act, 1955 (for short `the Act’), from the Court of learned Additional District Judge, Ludhiana, to the Court of competent jurisdiction at Amritsar. 2. There is no representation on behalf of either of the parties. 3. From a perusal of the record, it transpires that the applicant was thrown out of her matrimonial home but with the intervention of family members and the Panchayat, the matter was compromised and the parties decided to part ways by filing petition for divorce by mutual consent. However, the respondent resiled from the compromise, consequently, the petition under Section 13-B of the Act, filed by them was dismissed by the trial Court at Amritsar on 16.7.2005. Thereafter, the respondent filed petition under Section 13 of the Act, at Amritsar, which was also dismissed for non prosecution. This is the second petition filed by the husband under Section 13 of the Act, at Ludhiana. 4. It is averred, though the respondent is a resident of District Tarn Taran, however, the petition under Section 13 of the Act has been filed at Ludhiana, with a view to harass the applicant. The earlier two petitions were filed at Amritsar. 5. It is further averred that the applicant, who is saddled with the responsibility of raising her minor son, is residing at the mercy of her parents. The distance between the two stations is more than 150 kms. 6. Keeping in view the facts and circumstances of the present case and particularly the conduct of the respondent-hushand, in my opinion, the balance of convenience is in favour of the applicant-wife and against the respondent. 7. Accordingly, the instant transfer application is allowed and the petition under Section 13 of the Act titled as ‘Rakesh Kumar Vs. Mandeep Choudhary’ is withdrawn from the Court of learned Additional Civil Judge, Ludhiana, and is transferred to the Court of competent jurisdiction at Amritsar. 7. Accordingly, the instant transfer application is allowed and the petition under Section 13 of the Act titled as ‘Rakesh Kumar Vs. Mandeep Choudhary’ is withdrawn from the Court of learned Additional Civil Judge, Ludhiana, and is transferred to the Court of competent jurisdiction at Amritsar. The entire record pertaining to the petition under Section 13 of the Act shall be sent by the trial Court at Ludhiana to the learned District Judge, Amritsar, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction at Amritsar. 8. The parties shall appear before the learned District Judge, Ludihana, on 16.09.2011. ----------0BSK0-----------