Riya @ Dimple v. Arun

In the High Court of Punjab and Haryana, at Chandigarh Transfer Application No. 106 of 2021 Date of Decision: 08.02.2021 Riya alias Dimple ... Petitioner(s)

Versus

Arun ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. Sahil Khunger, Advocate for the petitioner(s).

Anil Kshetarpal, J.

The respondent's wife prays for transfer of divorce petition bearing DMC No. 323 of 2020 titled as "Arun v. Riya alias Dimple", pending in the Court of learned District Judge, Family Court, Bhiwani, to any other Court of competent jurisdiction at Ludhiana. Learned counsel for the petitioner has fairly stated that the petitioner-wife has already filed two petitions at Bhiwani, one is under Section 125 Cr.P.C. and another is under Section 12 of the Protection of Women from Domestic Violence Act, 2005.

Once, the petitioner herself has filed two cases at Bhiwani, there is no occasion for her to seek transfer of divorce petition, filed by her husband at Bhiwani. Learned counsel for the petitioner submits that the petitioner is likely to file an application seeking transfer of those cases. Be that as it may. The question is once the petitioner is already prosecuting two cases, at Bhiwani, there is no reason for her to seek transfer of third case, which has been filed by her husband at Bhiwani. Hence, no DEEPAK KUMAR BHARDWAJ 2021.02.10 11:48 I attest to the accuracy and integrity of this document

Transfer Application No. 106 of 2021 ground for transfer of the case is made out.

Dismissed.

(Anil Kshetarpal) Judge February 08, 2021 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2021.02.10 11:48 I attest to the accuracy and integrity of this document