High Court of Punjab and HaryanaTA/13/2020allowed

Manveer Kaur v. Harpreet Singh Saini

2021-10-13Mr. Justice Anil Kshetarpal2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH TA-13-2020 Date of decision: 13.10.2021 MANVEER KAUR ..Petitioner ASHOK KUMAR 2021.10.14 15:50 I attest to the accuracy and integrity of this document

Versus

HARPREET SINGH SAINI ..Respondent CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Dinesh Nagar, Advocate for the petitioner. Mr. Naveen Sharma, Advocate for the respondent. *** ANIL KSHETARPAL, J (Oral) This is an application filed by the wife with a prayer to transfer the proceedings of the petition filed under Section 13 of the Hindu Marriage Act, 1955, bearing No.HMA/3435/2019, titled as "Harpreet Singh Saini vs. Manveer Kaur" pending in the Family Court, Ludhiana, to the Court of competent jurisdiction at SBS Nagar (Nawanshahr). Learned counsel representing the petitioner contends that the respondent is already defending proceedings in a petition filed under Section 125 Cr.P.C. for grant of maintenance.

On the other hand, learned counsel for the respondent has pointed out that the applicant is settled in Canada and the respondent has apprehension if the case is transferred to Nawanshahr, it will cause hardship to the respondent.

Keeping in view the aforesaid facts, the petition is allowed and

TA-13-2020 ASHOK KUMAR 2021.10.14 15:50 I attest to the accuracy and integrity of this document the petition is transferred to a mutually consented place i.e. Jalandhar. The petition filed under Section 13 of the Hindu Marriage Act, 1955, bearing No.HMA/3435/2019, titled as "Harpreet Singh Saini vs. Manveer Kaur" pending in the Family Court, Ludhiana, is ordered to be transferred to the Court of competent jurisdiction at Jalandhar. The transferor Court is requested to remit the case file to the transferee Court forthwith.

The parties through their counsel are directed to appear before the transferee Court on 08.11.2021.

All the pending miscellaneous applications, if any, are also disposed of.

13.10.2021 (ANIL KSHETARPAL) ashok JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No