Sheetu Kaul vs Anirudh Singh & Anr

By this Writ Petition under Article 32 of the Constitution of India, following principal relief is prayed for:

"a. Issue Writ of mandamus and/or any other appropriate Writ/order and/or direction for transfer of the case being HMA No.692 of 2017 titled as "Major Anirudh Singh versus Mrs. Sheetu Kaul & Anr." pending in the Court of Smt. Alka Malik, District Judge, Family Court, Hisar, Haryana to the Court of the District Judge, Jammu, Jammu & Kashmir;"

In the counter affidavit filed on behalf of the respondent-husband, it is submitted that the proceedings which are sought to be transferred have reached the final stage; the evidence of the respondent-husband is complete and the matter is now fixed for the evidence of the petitioner-wife.

It is, therefore, submitted that the proceedings at this stage may not be transferred to District Judge, Jammu.

Considering the facts that the petitioner-wife has to take care of a minor daughter aged 5½ years, in our view, the matter needs to be transferred to a place which would be convenient for the petitioner-wife.

In the circumstances, we transfer the proceedings from the Family Court, Hisar, Haryana to the Family Court at Chandigarh, which is directed to take up the matter from the stage where the matter presently stands in the Family Court at Hisar. We also direct the respondent-husband to pay to the petitioner-wife the expenses of the wife and an accompanying person as and when the matter is listed for hearing before the Family Court at Chandigarh.

The Family Court at Hisar is directed to transmit the entire record to the transferee court immediately.

The Family Court at Chandigarh is directed to conclude the proceedings as early as possible and preferably within three months from today.

The parties shall appear before the transferee court on 18.12.2019 at 11.00 a.m.

The Registry is directed to send a copy of this Order immediately to both the Courts for compliance.

This writ petition is disposed of in aforesaid terms.