MONIKA SONI Vs. KARAN SONI
LAWS(P&H)-2021-2-71
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 05,2021

MONIKA SONI Appellant
VERSUS
Karan Soni Respondents

JUDGEMENT

RAIBIR SEHRAWAT,J. - (1.)This application has been filed under Section 24 CPC seeking transfer of the petition filed under Section 9 of the Hindu Marriage Act, 1955, bearing HMA No. 430 of 2020 titled as Karan Soni v. Monika Soni, which is pending before the Court of Additional District & Sessions Judge, Fatehabad, to the competent Family Court of jurisdiction in Bhiwani District.
(2.)It is submitted by the counsel for the petitioner that the marriage of the petitioner was solemnized at Hisar on 21.2.2015. On 11.4.2019 the respondent was shunted out of her matrimonial home after giving beatings and since then she has been residing at her parental house at Bhiwani. The petitioner is having a minor son to take care of. Besides, the petitioner is not having any independent source of income. Hence, the petitioner is not having the necessary means to attend the proceedings at a distance of about 135 kms., at Fatehabad. It is also submitted by the counsel for the petitioner that two other proceedings, one by way of an FIR under Sections 323, 498A, 506 and 34IPC; and another under Section 125 Cr.P.C, are already pending before the Courts at Bhiwani. Therefore, it would be appropriate to transfer the petition filed by the respondent-husband from Fatehabad to the competent Court at Bhiwani. Accordingly, it is prayed that the petition filed by the respondent/husband under Section 9 of the Hindu Marriage Act be ordered to be transferred from the Court at Fatehabad to the competent Family Court in District Bhiwani.
(3.)The counsel for the respondent has vehemently opposed the transfer of the case and has submitted that the present petition has been filed only to harass the petitioner. Otherwise, the case is regularly being conducted at the competent Court.


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