Veena Devi vs Khajan Singh

Surjit Singh, J.—Heard and gone through the record.

A petition for dissolution of marriage, u/s 13 of the Hindu Marriage Act, on the grounds of desertion and cruelty, has been filed by the Respondent, who is employed as a PTI teacher at Solan, against the Petitioner, who is doing JBT course at Ghanahatti in Shimla District, in the court of District Judge, Nahan. Petitioner-wife has applied for transfer of the case to Shimla, where she claims to be putting up with her bother.

After hearing the parties, I am of the view that it will be quite difficult for the Petitioner to attend the proceedings/hearings at nahan, because of her being unemployed and also because she is doing her JBT course at Ghanahatti, a place at a distance of about 15 kilometres from Shimla, in a direction different from the direction in which Nahan is situated. Also, the Petitioner is dependent these days upon her parents and brothers for her livelihood and expenses of study. Hence, the present petition is allowed and the petition, u/s 13 of the Hindu Marriage Act, titled Khajan Singh v. Veena Devi Petition No. 11-HMA/3 of 2010, pending in the Court of District Judge, Nahan, is transferred to the Court of District Judge, Shimla, for trial and disposal according to law. Intimation of the order be sent both to the transferor and the transferee Courts. Transferor Court be directed to send the record to transferee Court. Parties are directed to appear before the transferee Court, i.e. District Judge, Shimla on 13.12.2010.

As per request of the learned Counsel for the Respondent-husband, it is directed that District Judge, Shimla shall be fixing the case for trial/hearing either on Mondays or Saturdays, because the Respondent being in government service, in that situation, will save one day by performing journey of one side on Sunday. Petition stands disposed of.

CMP No. 593/2010

In view of the disposal of the main petition, interim order dated 25.6.2010 stands vacated.

Application is disposed of.