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2019 DIGILAW 1720 (HP)

Nardev Singh v. Meena Devi

2019-11-15

AJAY MOHAN GOEL

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JUDGMENT : Ajay Mohan Goel, J. By way of this petition, a prayer has been made for transfer of the Divorce Petition which has filed by the respondent, from Chamba to Dharmshala in District Kangra, H.P., inter alia on the ground that petitioner belongs to an economically weaker strata of the society and it is not visible for him to travel to Chamba each date to defend himself to the said proceedings. 2. On a query took by the Court, learned counsel for the petitioner has fairly stated that the case is at the stage of recording of the evidence of the present petitioner who is respondent in the said proceedings and the case is listed tomorrow for the said purpose. 3. Having heard learned counsel for the petitioner, this Court is of the view that there is no merit in the present petition and in fact the same has been filed just to delay the proceedings which are pending before the learned Court at Chamba, as this is evident from the timing of the filing of the present petition. 4. As far as the contention of the learned counsel for the petitioner that the petitioner belongs to an economically weaker strata of the society is concerned, it is not the case of the petitioner that the respondent/ lady is not similarly situated as far as her economic condition is concerned. In other words, in case this Court is to accede the request of the present petitioner, then it will be the respondent/ wife who will have to face hardship of travelling from Chamba to Dharamshala at Kangra, H.P. to prosecute the proceedings which she has initiated against the present petitioner under Section 13 of the Hindu Marriage Act. Accordingly, as this Court does not finds any merit in the present petition, the same is dismissed. Pending miscellaneous applications, if any, stand dismissed.