Friday, August 23, 2013

WIFE LOOSES TRANSFER. Husband to pay travel cost. Wife gone leaving husb &two minor children. Transfer Rejected P & H HC

WIFE LOOSES TRANSFER. Husband to pay travel cost. Wife gone leaving husb &two minor children. Transfer Rejected P & H HC 

****************************************************************************

Notes
***************
* Wife has gone away to her father's house leaving husband and two minor children
* Husband taking care of children
* Husband also paying Rs 2500 p.m. maintenance
* The wife is stated to have initiated two proceedings against the husband at Kaithal namely (i) complaint under Section 12 of the Domestic Violence Act and (ii) petition for seeking custody of the minor children under the Guardian and Wards Act. 
* Husband has initiated divorce at Kurukshetra 
* Wife tries transfer
* Wife's place is just 48 km from husband's place, place where the case is instituted
Wife's transfer rejected, court orders Rs 300 per trip cost to wife


*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
 
******************************************************************
CASE FROM INDIAN KANOON WEB SITE 
******************************************************************

***********************************************************
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
TA 180/2013 (O&M)
Date of decision: 20.8.2013
***********************************************************
Mrs. Nirmala .............Petitioner
vs
Shri Ram .............Respondent
***********************************************************
CORAM: HON'BLE MR.JUSTICE JASWANT SINGH
Present:- Mr. Amit Kashyap, Advocate for the petitioner.
Mr. Parveen Kumar Gaur, Advocate for the respondent.
***********************************************************

Jaswant Singh,J(Oral).

Petitioner wife is seeking the transfer of divorce proceedings initiated by the husband from the court of learned District Judge, Kurukshetra to a court at Kaithal. It is stated that the marriage between the parties was solemnized on 17.6.2003 at Village Siwan, District Kaithal and parties cohabited as husband and wife in their matrimonial home at Village Diwana, Tehsil Pehowa, District Kurukshetra. Out of their wedlock, a daughter was born on 14.2.2007 and a son was born on 7.11.2008. Due to matrimonial dispute between the parties, the petitioner-wife is alleged to be residing separately at her parental home in District Kaithal. Two minor children are admittedly residing with their father in District Kurukshetra. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/   

The wife is stated to have initiated two proceedings against the husband at Kaithal namely (i) complaint under Section 12 of the Domestic Violence Act and (ii) petition for seeking custody of the minor children under the Guardian and Wards Act. The ground for transfer sought is that the wife is a poor lady and is unable to travel from Kaithal to Kurukshetra to pursue her case whereas it will be convenient for the husband to come to Kaithal, where he has already joined proceedings in aforesaid two cases. Learned counsel for the respondent-husband submits that the behaviour of the wife has throughout been irresponsible and he is otherwise looking after the children and ready to pay travelling expenses to the wife besides the maintenance being paid to her at the rate of Rs.2500/- per month. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/   

After hearing learned counsel for the parties, I find that no ground for transfer the aforesaid divorce petition is made out in view of the fact that the distance between Kaithal and Kurukshetra is only 48 kms and that too very well connected by road and train facilities. However, the respondent-husband shall be liable to pay a sum of Rs.300/- as travelling expenses per attendance to the wife in the pending aforesaid divorce petition at Kurukshetra. 

Dismissed with the aforesaid terms.

August 20, 2013 ( JASWANT SINGH ) JUDGE


manoj 




*****************

FOLLOW http://twitter.com/ATMwithDick on twitter or http://vinayak.wordpress.com/ on wordpress or http://evinayak.tumblr.com/  FOR 100s of high court and supreme court cases
  
  
regards
  
Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist