SHEFALI KHANDELWAL Vs. SAURABH KHANDELWAL

JUDGEMENT

(1.) Respondent is not present in the Court. Learned counsel for the respondent states that he is putting in an appearance in a criminal case pending in the Court at Panchkula, therefore, is unable to appear in this Court. He has further submitted that the amicable settlement is not possible between the parties since terms and conditions as suggested by the applicant are not acceptable to the respondent. Let the case proceed further on merits.

(2.) Applicant Shefali Khandelwal, aged about 33 years estranged wife of Saurabh Khandelwal-respondent, presently residing with her parents at Panchkula, on account of strained relations between the spouses, by way of filing the instant application seeks transfer of petition under Sec. 13 of the Hindu Marriage Act filed by her husband Saurabh Khandelwal- respondent, against her having title 'Saurabh Khandelwal vs. Shefali Khandelwal' pending in the Court of District Judge, Family Court, Gurgaon, to the Court of competent jurisdiction at Panchkula.

(3.) According to the applicant, the marriage performed between the parties on 29/4/2013 ran into rough weather on account of demand of dowry by respondent and his family members. The applicant was deserted by her husband, as such she has been putting up with her parents at Panchkula. She has filed a petition under Sec. 9 of the Hindu Marriage Act, 1955, in Civil Courts, Panchkula. The applicant is dependent upon her father having been ousted from the matrimonial home. The respondent has filed a divorce petition against her just to put pressure upon the applicant. It is difficult for the applicant to travel from Panchkula to Gurugram covering a distance of more than 280 kms on one side so as to attend the dates of hearing in the Court there, therefore, the application be accepted.