Sandeep Kaur v. Sandeep Singh

T.A. No. 67 of 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH T.A. No. 67 of 2019 DATE OF DECISION :- February 26, 2019 Sandeep Kaur ...Applicant

Versus

Sandeep Singh

...Respondent

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Gurminder Singh Salana, Advocate for the applicant. *** Applicant Sandeep Kaur, aged about 30 years, wife of Sandeep Singh-respondent, presently residing with her parents at Patiala by way of filing the instant application seeks transfer of petition under Section 9 of the Hindu Marriage Act filed by her husband Sandeep Singh against her having title 'Sandeep Singh Vs. Sandeep Kaur' pending in the Court of Additional Civil Judge (Sr. Divn.), Kurukshetra to the Court of competent jurisdiction at Patiala.

According to the applicant, the marriage performed between the parties on 28.2.2012 ran into rough weather on account of demand of dowry by respondent and his family members. The couple was blessed with a female child aged about 6 years at the time of filing of the application. The applicant had no other place to go except house of her parents at Patiala. She along with minor daughter of the parties is residing at parental house of the applicant at Patiala. The respondent has filed petition in question against her as a pressure tactic. She being a young woman, taking care of minor daughter of the parties, having no source of income, it is difficult for her to PARVINDER SINGH 2019.02.27 14:04 I attest to the accuracy and integrity of this document Chandigarh

T.A. No. 67 of 2019 travel from Patiala to Kurukshetra covering a distance of 90 kms on one side to attend the dates of hearing there. Her aged parents are suffering from various ailments and are not in a position to accompany her, therefore, the application be accepted.

Notice of the application was given to the respondent, who as per office report has been duly served but he has not turned up to offer a contest. I have heard learned counsel for the applicant besides going through the record.

Keeping in view the contentions in the application and submissions made by learned counsel for the applicant, in which I find merit, in absence of any strong circumstance to the contrary, it would be proper and appropriate if the application is accepted. The same is accordingly allowed. The petition in question is ordered to be withdrawn from the Court of Additional Civil Judge (Sr. Divn.), Kurukshetra and transferred to Family Court at Patiala for disposal in accordance with law. The parties through their counsel are directed to appear in the transferee Court on 26.3.2019. Copies of orders be sent to the Court of Additional Civil Judge (Sr. Divn.), Kurukshetra as well as to the Family Court at Patiala for information and necessary compliance. (H.S. MADAAN) JUDGE February 26, 2019 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2019.02.27 14:04 I attest to the accuracy and integrity of this document Chandigarh