High Court of Punjab and HaryanaTA/54/2021allowed

Deepika v. Yash Pal Singh

2021-08-26Mr. Justice Anil Kshetarpal2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH TA-54-2021 (O&M) Date of decision: 26.08.2021 DEEPIKA ..Petitioner

Versus

YASH PAL SINGH ..Respondent CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Ashok K. Sharma (Bhana), Advocate for the petitioner. None for the respondent.

*** ANIL KSHETARPAL, J (Oral) The hearing of the case was held through video conferencing on account of restricted functioning of the Courts. Even on the second call, the respondent in spite of service is not present.

Through this application, the petitioner (wife) prays for transfer of the proceedings in a case titled as 'Yash Pal Singh vs. Deepika' filed under Section 13 of the Hindu Marriage Act, 1955 from Yamuna Nagar at Jagadhri to Gurugram.

The petitioner claims that she belongs to a poor family and there is no male member who can accompany the petitioner to Yamuna Nagar. The respondent is already facing prosecution in FIR No.114 dated 06.11.2020 under Section 323, 354-A, 406, 498-A, 34 IPC at District Court, Gurugram. He is also defending the petitions under Section 125 Cr.P.C. and under Section 12 of the Protection of Women from Domestic ASHOK KUMAR 2021.08.31 14:24 I attest to the accuracy and integrity of this document

TA-54-2021 (O&M) Violence Act, 2005 at Gurugram.

Since the respondent is already defending three cases before the Court at Gurugram, therefore, it is considered appropriate to allow the petition. Accordingly, the petition is allowed. The case file of 'Yash Pal Singh vs. Deepika' filed under Section 13 of the Hindu Marriage Act, 1955, pending in the Court of Principal Judge, Family Court, Yamuna Nagar at Jagadhri, is ordered to be transferred to the Court of competent jurisdiction at Gurugram. The transferor Court is requested to remit the case file to the transferee Court forthwith. The petitioner is directed to appear before the District Judge, Gurugram, on 09.09.2021 who will either decide the matter himself or assign it to the Court of competent jurisdiction at Gurugram. All the pending miscellaneous application(s), if any, are also disposed of.

26.08.2021 (ANIL KSHETARPAL) ashok JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No ASHOK KUMAR 2021.08.31 14:24 I attest to the accuracy and integrity of this document