JYOTI Vs. AMANDEEP SINGH

JUDGEMENT

(1.) THE present petition has been filed under Section 24 read with Section 151 of the Code of Civil Procedure Code for transfer of divorce petition No. DMC -638 of 2014 titled as "Amandeep Singh Vs. Jyoti" pending on the Board of learned Additional District Judge, Patiala (Sh. Parminder Singh Grewal) to a Competent Court of jurisdiction at Ludhiana.

(2.) THE learned counsel contends that the marriage of the parties to the lis was solemnized in the month of September, 2009 and thereafter, they cohabited at Patiala but immediately after the marriage, the respondent -husband went to Australia where he was plying a taxi as per information supplied by him to the petitioner and, thereafter, the respondent and his family members did not take care of the petitioner. When the petitioner objected to the conduct and behaviour of the respondent and his family members, then to get rid of the petitioner, a petition under Section 13 of the Hindu Marriage Act for grant of a decree for divorce was presented before the learned District Judge at Patiala. He further submits that if the petition is transferred to Ludhiana from Patiala, then the respondent -husband would not be prejudiced since he has to go to Patiala or Ludhiana from Australia and the same would not cause any hurdle to him in visiting Ludhiana. It has also been pointed out that the petitioner is a lady and has no means and resources to visit Patiala from Ludhiana on each and every date of hearing to defend the case. The learned counsel has also brought to the notice of the Court that during the pendency of the case, an application under Section 24 of the Hindu Marriage Act was presented and taking into consideration the miserable condition of the petitioner, interim maintenance to the tune of Rs.10,000/ - per month was granted to her.

(3.) IN support of his contention, the learned counsel for the petitioner has placed reliance on a judgment delivered by this Court in the matter of Geeta Vs. Vijay Kumar, Transfer Application No.435 of 2014, decided on 31.03.2015.