Geetika Jindal Gupta vs Deepgagan Gupta on 17 March, 2015

The case of Dr. Geetika Jindal Gupta vs. Dr. Deepgagan Gupta, decided on March 17, 2015, by the High Court of Punjab and Haryana, revolves around the transfer of a petition filed under Section 9 of the Hindu Marriage Act, 1955. The petitioner-wife sought the transfer of the case from Ferozepur to Nabha, District Patiala, due to logistical and practical considerations. The hearing was presided over by Justice Dr. Bharat Bhushan Parsoon.

Background

Dr. Geetika Jindal Gupta, the petitioner, requested the transfer of a restitution of conjugal rights petition filed by her husband, Dr. Deepgagan Gupta, under Section 9 of the Hindu Marriage Act, 1955. The petition was originally filed in Ferozepur, while the petitioner resided in Nabha, District Patiala, with her parents and daughter. Additionally, the petitioner had filed a maintenance petition under Section 125 of the Cr.P.C. and a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005, both of which were pending in Nabha.

Key Arguments

Petitioner’s Arguments

The petitioner’s counsel, Mr. Sherry K. Singla, argued that it was logistically challenging and burdensome for Dr. Geetika Jindal Gupta to attend the court proceedings in Ferozepur, which is approximately 200 kilometers away from her residence in Nabha. Given her responsibilities towards her daughter and the ongoing legal proceedings in Nabha, it was more practical to have all cases heard in one location.

Respondent’s Arguments

The respondent’s counsel, Mr. Padam Kant Dwivedi, presented counterarguments, but the specific details of these arguments were not elaborated in the judgment. The primary focus was on the petitioner’s logistical difficulties and the need for a consolidated legal process.

Court’s Observations

Justice Dr. Bharat Bhushan Parsoon considered the logistical challenges faced by the petitioner and the practicalities of attending court proceedings at a distant location. The court acknowledged the petitioner’s responsibility towards her daughter and the existence of other legal proceedings in Nabha, which necessitated the transfer of the case for convenience and efficiency.

Court’s Decision

The court allowed the petition, granting the transfer of the restitution of conjugal rights case from the District Judge in Ferozepur to the District Judge in Patiala. The District Judge in Patiala was directed to assign the case to a court of competent jurisdiction. The court ordered both parties to appear before the newly assigned court on April 22, 2015. The decision aimed to alleviate the petitioner’s logistical burden and streamline the legal process.

Conclusion

The transfer of the case in Dr. Geetika Jindal Gupta vs. Dr. Deepgagan Gupta highlights the court’s consideration of logistical and practical challenges faced by litigants. By transferring the case to a more convenient location, the court aimed to ensure fair and efficient legal proceedings. This decision underscores the judiciary’s role in accommodating the practical needs of the parties involved, ensuring that justice is accessible and manageable.

Ref: https://indiankanoon.org//doc/118463995/

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