NOT every wife’s request to be accepted and case transferred !! P & H HC 

Wife loses her transfer application based on her deplorable conduct  

=====================

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH                                          

TA No. 511 of 2011 (O&M)                                          

Date of Decision: 3.11.2011

Smt.Jyoti Sharma   …Applicant

 Versus
Sanjeev Sharma …Respondent

CORAM: HON’BLE MR.JUSTICE JITENDRA CHAUHAN

Present: Mr.DD Sharma, Advocate for the applicant

 Respondent in person.
                         ****
Jitendra Chauhan, J. (Oral)

The present application has been filed by the applicant-wife seeking transfer of the petition title as ‘Sanjeev Sharma vs. Jyoti Sharma’ filed under Section 9 of the Hindu Marriage Act, 1955 by the respondent- husband, from the court of learned District Judge (Family Court), Panipat to any other competent court of jurisdiction at Kurukshetra.
Learned counsel for the applicant contends that after marriage of the applicant with the respondent, they gave her beatings and harassed for dowry. Two female children were born out of the wedlock. Further the applicant, after having been ousted from her matrimonial home, is presently residing with her parents at Ladwa, District Kurukshetra. She has also lodged an FIR No.252 dated 29.12.2010 under Sections 498-A, 323, 406, 506, 34 IPC at Police Station, Ladwa, District Kurukshetra against the respondent and his family members. Further, she being a lady, it is very difficult for her to travel to Panipat to attend the Court proceedings. Vinayak.wordpress.com 
On the other hand, the respondent denied the allegations levelled against him and stated that he is an NRI. Both the children are presently residing with him. The age of both the children are 2 years and 6 years, out of which one of them is a breast feeding baby. He further stated that his mother is suffering from cancer and she has been operated upon twice. He further stated that only to harass him and his family, she lodged the FIR. He submits that he is ready to take his wife unconditionally.
I have considered the rival contentions raised by the respondent.
It is not in every case that convenience of the wife is to be seen and the case is to be transferred to a place, which is convenient to her. While granting discretionary relief, the conduct of the parties is also to be weighed meticulously. In this case, the conduct of the applicant-wife is such that she does not deserve any compassion of the Court. The infants are being looked after by the husband-respondent besides looking after his own mother, who is a Cancer patient. The balance of convenience clearly lies in favour of the respondent. Vinayak.wordpress.com
In these circumstance, no sufficient ground to transfer the case is made out. Accordingly, the present transfer application fails and the same is dismissed.
3.11.2011 (JITENDRA CHAUHAN)

gsv JUDGE

 

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