P&H HC | Transfer Petition under Section 9 of Hindu Marriage Act allowed in light of socio-economic difficulties faced by wife

Punjab and Haryana High Court: The Bench of H.S. Madaan, J., allowed an application seeking transfer of Petition under Section 9 of the Hindu Marriage Act, 1955 to the Court of competent jurisdiction at Gurugram.

The facts of the case are there was a divorce proceeding going on between the parties. The petitioner contended that she was aged about 23 years and was to take care of infant child of four months and that she did not have any source of income and had filed an application under Section 125 CrPC against her husband-respondent seeking maintenance. Under such circumstances, she contended that it was difficult for her to travel from Gurugram where she was residing with her parents to Ferozepur Cantt to attend the dates of hearing in the Court there.

Respondent contended that the personal appearance of the petitioner was not required in the petition under Section 9 of the Hindu Marriage Act and she could be represented through counsel there, therefore, the application should be dismissed.

That Court, in view of the facts and circumstances of the case, allowed the application. [Ekta Nagpal v. Yashveen Kumar, 2019 SCC OnLine P&H 17, decided on 08-01-2019]

Join the discussion

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.