Promila Verma vs Kamal Verma

Archana Puri, J

The applicant-wife has filed the present application for seeking transfer of the petition under Section 13 of the Hindu Marriage Act i.e. HMA/600/2024, titled ‘Kamal Verma Vs. Promila Verma’, filed by the respondent-husband, pending in the Family Court (Camp Court) Indri, District Karnal and she seeks transfer of the same to the Court of competent jurisdiction at Rohtak.

Upon notice issued, the respondent did not make appearance, despite service and as such, was proceeded against ex parte.

Counsel for the applicant heard.

It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 16.02.2021, but no child was born from the said wedlock. Unfortunately, matrimonial dispute arose betweenVATS the parties and now, they are residing separate. The applicant is not having any source of earning. She has got lodged an FIR bearing No.362 dated 17.05.2023, under Sections 323, 34, 406, 498-A and 506 IPC, at Police Station Rohtak City, District Rohtak, which is pending in the Courts at Rohtak. The said case is at the stage of conducting of proclaimed offender’s proceedings against the respondent, as he is not making appearance to face trial. Besides the same, the applicant has also filed the petition under Section 12 of the Protection of Women from Domestic Violence Act i.e. DV/122/2023, as well as the petition under Section 125 Cr.P.C., which are pending in the Courts at Rohtak. In both the said cases also, the respondent is making appearance through counsel.

Furthermore, it is submitted that FIR bearing No.355 dated 22.05.2023, under Sections 379/34 IPC, was got registered, at the instance of the applicant, against the respondent, wherein the cancellation report was prepared by the police authorities. However, the protest petition has been filed by the applicant, in the Court concerned, which is also pending for the preliminary evidence.

Even, FIR bearing No.241 dated 31.03.2023, under Section 346 IPC, was got registered at the instance of father-in-law of the applicant, namely, Rameshwar, at Police Station Indri, District Karnal. However, therein, in view of the statement made by the complainant before the Court, untraced/cancellation report was accepted, vide order dated 02.12.2023, copy whereof is Annexure P-7.

Considering the aforesaid voluminous litigation between the parties and also keeping in view the distance between the two places to be about 140 kms., the counsel makes a prayer for acceptance of the transfer application.

Considering the number of cases, pending between the parties and also about the conduct of the respondent, who remained away from proceedings of the criminal case, got registered at the instance of the applicant, more particularly, when he is making appearance through counsel in two other cases, which are also pending in the Courts at Rohtak and also considering the fact of applicant, having no source of earning, the distance between the two places and above all, considering the fact about the respondent having not come forward to resist the application, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. HMA/600/2024, titled ‘Kamal Verma Vs. Promila Verma’, filed by the respondent-husband, stands transferred from the Family Court (Camp Court) Indri, District Karnal, to the Court of competent jurisdiction at Rohtak. The requisite record of the aforesaid case be sent by the Family Court (Camp Court) Indri, to the District and Sessions Judge, Rohtak.

Learned District and Sessions Judge, Rohtak, shall assign the said petition to the Family Court, Rohtak. Even, the parties are directed to appear before the Family Court, Rohtak, within a period of one month from today onwards.