Section 13 – Code of Civil Procedure, 1908 (V of 1908), Section 24 -- Transfer of Divorce petition -- Kapurthala to Fazilka -- It is well settled that while considering the transfer of a matrimonial dispute/case, at the instance of the wife, the Court is to consider the family condition of the wife, the custody of the minor child, economic condition of the wife, her physical health and earning capacity of the husband and most important the convenience of the wife i.e. she cannot travel alone without assistance of a male member of her family, connectivity of the place to and from her place of residence as well as bearing of the litigation charges and travelling expenses – Case transferred.

(P&H HC) Decided on: 04.11.2022

Section 13, 25 – Divorce -- Cruelty – Long separation – Non-giving consent to mutual divorce -- Whether the relationship of the husband and wife has come to an end and if the respondent-wife is not ready to give mutual divorce to the appellant-husband, whether this act of her, would amount to cruelty towards husband, keeping in view the fact that she is not staying with her husband for the last about 23 years and there is no scope that they can cohabit as husband and wife again -- Marriage between the parties had broken down irretrievably since long and there is no chance of their coming together, or living together again – Not to grant decree of divorce would be disastrous for the parties -- Firstly efforts were made to resolve the matrimonial dispute through the process of mediation, which is one of the effective mode of alternative mechanism in resolving the personal dispute but the mediation failed between the parties -- Appeal allowed, decree of divorce granted in favour of the appellant-husband -- Appellant-husband to make an F.D. of Rs.10 lakhs as permanent alimony in the name of the respondent-wife.

(P&H HC) Decided on: 25.05.2022