Pooja Kapoor vs Harish Kapoor
2022 Latest Caselaw 1678 P&H

          IN THE HIGH COURT OF PUNJAB & HARYANA
                      AT CHANDIGARH
220

                                                  TA-1004-2021
                                                  Decided on : 15.03.2022

Poja Kapoor
                                                             . . . Applicant(s)
                                   Versus
Harish Kapoor
                                                         . . . Respondent(s)

CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

PRESENT: Mr. Chirag Wadhwa, Advocate
         for the applicant(s).

              Mr. Sandeep Goyal, Advocate
              for the respondent(s).
                                   ****

MANJARI NEHRU KAUL, J. (Oral)

The applicant is seeking transfer of a petition under

Section 13 of the Hindu Marriage Act, 1955, titled as, "Harish Kapoor

Vs. Pooja" (annexed as Annexure P-1) filed by the respondent, from the

Family Court at Kaithal to the Court of competent jurisdiction at

Karnal, where she is residing after being ousted from her matrimonial

home.

Learned counsel for the applicant inter alia contends that

after she was ousted from her matrimonial home, the applicant has been

residing with her mother at Karnal and the distance between the Karnal

and Kaithal is approximately 55 kilometers and hence, she would be

greatly inconvenienced to travel to Kaithal on each and every date of

hearing. It has also been submitted that there are couple of other cases

already pending before the Courts at Karnal, the details of which are as

under:-

(i) Petition u/s 125 Cr.P.C.

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(ii) FIR No. 351 of 2019, registered u/s 354-D, 509 IPC,

Section 66-D, 67-A of the IT Act.

On being put to notice, the respondent entered appearance

through his counsel.

Learned counsel for the respondent while opposing the

prayer for transferring the case from Kaithal to Karnal, submitted that

the cousin of the applicant had been extending threats of dire

consequences to him and hence, it would not be safe for him to travel to

Karnal. However, he has submitted that he would not be averse to the

case being transferred to Kurukshetra, which is midway between Karnal

and Ambala, where he is presently posted. In support of his

submissions qua the threats extended to the respondent, learned counsel

has drawn the attention of this Court to the reply filed by him, wherein,

the registration of FIR No. 493, dated 09th November, 2019, u/s 67 of

the IT (Amendment) Act, 2008, lodged at Police Station Kaithal, clearly

stands reflected.

I have heard learned counsel for the parties and perused the

relevant material on record.

The Hon'ble Supreme Court in a plethora of judgments

including Neelam Kanwar Versus Devinder Singh Kanwar, 2000(10)

SCC 589 and Sumita Singh Versus Kumar Sanjay and another, 2002

AIR(SC) 396, in unequivocal terms has observed that in matrimonial

disputes between the spouses, convenience of the wife must be given

due consideration.

Hence, in the wake of the observations of the Hon'ble

Supreme Court coupled with the facts as referred to above, this Court

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deems it fit to transfer the petition in question at a Court of competent

jurisdiction, which is easily approachable and safe for both the parties.

Accordingly, the petition in question pending in the Court of Principal

Judge, Family Court, Kaithal, which is still at the initial stage, is hereby

withdrawn from that Court and is transferred to the Family Court,

Kurukshetra for disposal of the same, in accordance with law. The

parties through their counsel are directed to appear before the Family

Court, Kurukshetra on 18.04.2022.

Petition stands disposed off in the above terms.

(MANJARI NEHRU KAUL) JUDGE March 15, 2022 J.Ram

Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No

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