Mere Small Distance No Reason To Transfer Matrimonial Suit, Wife Can Instruct Her Counsel Whenever Her Presence Is Not Essential: Punjab & Haryana HC

The Punjab and Haryana High Court while dealing with a transfer petition invoking Section 24 of CrPC filed by the wife seeking transfer of matrimonial petition u/s 9 of the Hindu Marriage Act, held that the distance of sixty kilometers between Bathinda and Faridkot is small, hence it is not an overwhelming reason for this Court to order the transfer of the matter. The applicant wife can appropriately instruct her counsel whenever her presence is not essential and therefore mere such a small distance is no overwhelming reason for this Court to order transfer of the matter. The bench comprising Justice Fateh Deep Singh, after considering the contentions of the petitioner-wife that she is unable to look after the case and there is every likelihood that she may not get justice, observed that the distance between Faridkot to Bathinda is approximately 60 kilometers and they are adjoining districts. The court further observed that both the towns are interconnected by a well-metalled road with all types of conveyance and facilities being available and it is a preposterous preposition that petitioner might not be able to look after her proceedings. Appreciating the submissions keeping in view that both the towns adjoin each other and are interconnected by the well metalled road with all types of conveyance and facilities being available and it is a preposterous preposition that petitioner might not be able to look after her proceedings. Being a civil matter where the presence of the applicant is not required and that the husband is trying to seek restoration of his rights of matrimonial relationship and the wife is trying to evade her obligations, the court held that such acts of the wife rather goes against her very conduct. The court concluded that the applicant wife can instruct her counsel whenever her presence is not essential, therefore mere distance is no overwhelming reason for this Court to order the transfer of the matter. Hence, the application is dismissed for being sans merit.Case Title: Manpreet Kaur Versus Gurbaksh SinghCitation: 2022 LiveLaw (PH) 131 Click Here To Read/Download Order

Mere Small Distance No Reason To Transfer Matrimonial Suit, Wife Can Instruct Her Counsel Whenever Her Presence Is Not Essential: Punjab & Haryana HC

Drishti Yadav

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