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High Courts(2003) 07 P&H CK 0093

Suman vs Gopal

Punjab And Haryana At Chandigarh · Decided on 21 July 2003 · Citation: (2004) 1 CivCC 82 : (2004) 1 LJR 355 : (2004) 1 Marr.LJ 570 : (2003) 4 RCR(Civil) 26

HON’BLE JUDGES
M.M.Kumar, J
CASE NUMBER
Civil Miscellaneous No. 9858-CII of 2003

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Judgment

5 paragraphs · 363 words

M.M. Kumar, J.

1.

This petition filed under Section 24 of the Code of Civil Procedure, 1908 seeks transfer of proceedings initiated by the husband respondent under Section 9 of the Hindu Marriage Act, 1955 in case No. 70 of 2002 titled as Gopal v. Suman from the Court of District Judge, Gurgaon to the Court of District Judge, Faridabad. Husbandrespondent has been duly served but no one has appeared to oppose the prayer made by the wifepetitioner.

2.

It has been pointed out by the wifepetitioner that she has a child of 3 1/2 years who needs to be looked after and cannot be carried on each and every date of hearing in the Courts at Gurgaon. It has further been averred that she has to be escorted by some member of the parents family to the Courts at Gurgaon which adds to the financial burden. Besides the afore mentioned grounds, it has also been pointed out that there are threats of forcible kidnapping by the husbandrespondent which have been received on the telephone and the husbandrespondent in any case has to visit Faridabad in different proceedings pending under Section 498A of the I.P.C., in FIR No. 388 dated 29.7.2002 and the divorce petition filed by the wifepetitioner alongwith an application under Section 125 Cr.P.C., 1973.

3.

In view of the fact that the averments made by the wifepetitioner have not been controverted and also keeping in view the well settled principles of law that convenience of the wife has to be kept in view in such like matters as has been held in the cases of Sumita Singh v. Kumar Sanjay and another, AIR 2002 SC 396 and Neelam Kanwar v. Devinder Singh Kanwar, 2000(43) AIJ 129, this petition is allowed. The proceedings pending before the District Judge Gurgaon in case No. 70 of 2002 (Gopal v. Suman) under Section 9 of the Act are transferred to Court of District Judge, Faridabad.

4.

The wifepetitioner through her counsel is directed to appear before the District Judge Faridabad on 4.8.2003 who may keep the petition with himself or entrust the same to any other Court of competent jurisdiction according to his discretion.