In this post we will discuss about the grounds for transfer of matrimonial disputes to the court of competent jurisdiction at Punjab Haryana High Court at Chandigarh.
Shashi Bala vs Sanjeev Kumar
21 April, 2015
T.A. No. 612 of 2012
THE HIGH COURT OF PUNJAB AND HARYANATransfer Application No. 612 of 2012 (O&M)Date of decision: 21.4.2015Applicant- Shashi Bala Respondent- Sanjeev Kumar Alse read- Punjab and Haryana High Court Chandigarh The wife seeks transfer of petition filed by her husband under Section 9 of the Hindu Marriage Act, 1955, for restitution of conjugal rights pending in the Court of Additional Civil Judge (Senior Division), Sunam, District Sangrur to the court of competent jurisdiction at Chandigarh. Also Read- Anita Kumari vs Ashni Singh on 6 April, 2015 Timeline of events:1. The case was taken up twice, however, none has appeared for the respondent.2. The matter was earlier sent to the Mediation and Conciliation Centre of this Court, however, could not be settled.3. Learned counsel for the applicant submitted that a petition filed by the applicant for seeking custody of one of the children, born out of the wedlock, living with the husband, is pending consideration at Chandigarh.4. He further submitted that FIR was also got registered by the applicant under Sections 406/498-A IPC at Chandigarh.5. The respondent is appearing in the aforesaid litigation pending at Chandigarh, the petition for restitution of conjugal rights pending at Sunam also deserves to be transferred to Chandigarh.
ALSO READ- RESTITUTION OF CONJUGAL RIGHTS CASE CHANDIGARH PANCHKULA MOHALI
Order:The petition for restitution of conjugal rights filed by the husband deserves to be transferred from Sunam to the court of competent jurisdiction at Chandigarh.
Overview
Section 9, Hindu Marriage Act:
Restitution of conjugal rights- When either the husband or the wife has, without reasonable excuse, withdrawn from the Society of the other, the aggrieved party may apply, by petition to the District Court, for restitution of conjugal rights accordingly.
Section 498A in The Indian Penal Code
Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
Also Read- Jaspreet Singh vs Gurleen Kaur on 6 January, 2020
Section 406 in The Indian Penal Code
Punishment for criminal breach of trust.—Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
ALSO READ- RESTITUTION OF CONJUGAL RIGHTS (RCR)CASE CHANDIGARH PANCHKULA MOHALI
Therefore the plea of the wife to transfer the application has been granted by the Court.
This post was written Rashika Garg
Rest for case specific advice, please contact RESTITUTION OF CONJUGAL RIGHTS (RCR)CASE CHANDIGARH PANCHKULA MOHALI Zirakpur Derabassi Advocates Lawyers Matrimonial Expert of Tricity (Punjab Haryana).
More on 99888-17966.
