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Meena Kumari Vs Harpreet Singh

Case No: TA No. 303 of 2013 (O and M)

Date of Decision: Sept. 13, 2013

Acts Referred: Criminal Procedure Code, 1973 (CrPC) — Section 125#Hindu Marriage Act, 1955 — Section 13#Penal Code, 1860 (IPC) — Section 406, 498A

Hon'ble Judges: Jaswant Singh, J

Bench: Single Bench

Advocate: Kartik Gupta, for the Appellant;

Final Decision: Allowed

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Judgement

Jaswant Singh, J.@mdashPetitioner wife is seeking the transfer of petition filed by the respondent-husband u/s 13 of the Hindu Marriage Act,

1955 for divorce titled as ""Harpreet Singh Vs. Meena Kumari"" from the court of learned Additional District Judge, Patiala to a court of competent

jurisdiction at Hoshiarpur. It is averred that marriage between the parties was solemnized on 29.01.2011 at Hoshiarpur and the parties cohabited

as husband and wife at the matrimonial home in Patiala and out of this wedlock one male child namely Unhad was born on 10.02.2013. Due to

matrimonial dispute, the petitioner-wife was turned out of her matrimonial home on 21.07.2012 and since then she is residing at her parental home

at Hoshiarpur.

2. It is stated that the petitioner-wife has initiated proceedings u/s 498-A, 406 IPC by filing an FIR and also filed petition u/s 125 Cr. P.C. for

grant of maintenance at Hoshiarpur. It is further stated that in order to harass the petitioner-wife respondent-husband has filed petition u/s 13 of the

Hindu Marriage Act, 1955 for divorce at Patiala. It is further stated that it is extremely difficult for the petitioner-wife to pursue her case at Patiala

along with his minor son by travelling a distance of 220 Kms as except her old aged parents there is no male member to accompany her to Patiala.

3. Upon notice none has caused appearance on behalf of the respondent-husband to contest the petition, however, I find that the grounds set out

in the petition are sufficient to allow the petition as it is well settled that in matrimonial proceedings initiated by the husband against wife,

convenience of wife must be looked at. Reliance in this regard can be placed upon Sumita Singh Vs. Kumar Sanjay and Another, In view of the

above, the present petition is allowed, the petition u/s 13 of the Hindu Marriage Act, 1955 titled as ""Harpreet Singh Vs. Meena Kumari"" pending

in the Court at Patiala is ordered to be withdrawn and transferred to courts of competent jurisdiction at Hoshiarpur for disposal in accordance with

law from the stage of withdrawal.