High CourtsSingle Bench(2011) 01 P&H CK 0129

Smt. Neeru Bala vs Om Parkash @ OP

Punjab And Haryana At Chandigarh · Decided on 18 January 2011

HON’BLE JUDGES
K. Kannan, J
CASE NUMBER
T.A. No. 306 of 2010

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Judgment

3 paragraphs · 267 words

K. Kannan J.—The application is for transfer of the matrimonial proceedings initiated by the husband at the Court at Fazilka. The contention of the wife is that she is living with her parents and two children at Sirsa and it will be very difficult for her to travel more than 150 kms to attend to Court and contest the case. It is stated on behalf of the wife that there are two other proceedings which are now pending at Sirsa. Although initiated subsequent to the filing of the matrimonial proceedings by the husband, the husband has been appearing before the Court at Sirsa and conducting the case. The contention, therefore, is that it will be convenient for the husband to properly organize the dates of hearing so that he could be present at Sirsa and conduct all the cases. Inconvenience that might be caused to the husband is far less than the inconvenience she will have to undergo if the case has to be conducted at Fazilka.

2.

The Respondent has been served and represented through counsel. There is no representation for the Respondent. The Respondent has stated in his objection filed in written that the cases at Sirsa had been filed subsequently but he has admitted the fact that he has been appearing in all the cases. In my view, the circumstances exist for a transfer and the proceedings pending before the Court at Fazilka are withdrawn and ordered to be transferred to the District Court at Sirsa for disposal according to law.

3.

The parties shall appear before the District Court at Sirsa on 09.02.2011.