Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 8380 OF 2016
(ARISING OUT OF SLP(C) NO.15945/2015)
AMANDEEP GOYAL APPELLANT(S)
VERSUS
YOGESH RANI RESPONDENT(S)
J U D G M E N T
ANIL R. DAVE, J.
1. Heard the learned counsel for the parties.
2. Leave granted.
3. The appellant-huaband has filed the present
appeal by way of special leave against the order
dated 6.4.2015 passed in T.A. No.496 of 2013 by the
High Court of Punjab and Haryana at Chandigarh, in
and by which the High Court transferred the Divorce
Petition from Sangrur to Bathinda.
4. Looking at the peculiar facts of the case, more
particularly when the husband is taking care of the
child who is nine years old and is suffering from
JUDGMENT
malignant disease, in our opinion, the High Court
should have used its discretion in favour of the
petitioner-husband. We, therefore, set aside the
impugned order.
5. The case bearing Regn. No. DMC/314/2015 (Filing
No.1256/2015) titled Amandeep Goyal v. Yogesh Rani be
transferred from the Court of Additional District
Judge, Bathinda, Punjab to the Court of District &
Sessions Judge, Sangrur, who may hear the case
himself/herself or assign the same to any other court
of competent jurisdiction.
1
Page 1
6. The appeal is disposed of as allowed with no
order as to costs.
.......................J.
[ANIL R. DAVE]
.......................J.
[L. NAGESWARA RAO]
NEW DELHI;
AUGUST 29, 2016.
JUDGMENT
2
Page 2