Gurpreet Kaur v. Agya Pal Singh

TA No.209 of 2023 (O&M) 2023:PHHC:124406

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH TA No.209 of 2023 (O&M) Date of decision: 21.09.2023 Gurpreet Kaur ....Petitioner

Versus

Agya Pal Singh & Anr.

....Respondents CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:

Mr. Saurabh Kaushik, Advocate for the petitioner.

None for respondent No.1.

Ms. Nupur Sood, Advocate for respondent No.2.

ARVIND SINGH SANGWAN J. (Oral) Prayer in this petition is for transfer of the Civil Suit No.CS/46/2022, titled as "Agya Pal Singh vs Gurpreet Kaur", pending in the Family Court, Rupnagar to the competent Court of jurisdiction at Patiala.

Counsel for the petitioner has argued that the petitioner has filed a complaint under Sections 12, 17, 19, 20, 22, 31 of the Protection of Women from Domestic Violence Act, at Nabha. It is further submitted that a civil suit for declaration which is pending before the Family Court, Rupnagar, praying for a decree of declaration that the amount lying deposited with the SBI Branch Thali, Tehsil & District Rupnagar, be not released in favour of the petitioner. Counsel for the petitioner has further contended that essentially the litigation is an outcome of matrimonial discord. There is no representation on behalf of respondent No.1 MOHD YAKUB 2023.09.22 11:52 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.

TA No.209 of 2023 (O&M) 2023:PHHC:124406 despite being served.

Counsel for respondent No.2/SBI has argued that she has no objection if the aforementioned civil suit be transferred from Rupnagar to Patiala.

After hearing the counsel for the parties, considering the fact that the other litigations are pending at Nabha, District Patiala, this Court deem it appropriate to allow the present petition, subject to the following conditions:-

1. The Civil Suit No.CS/46/2022, titled as "Agya Pal Singh vs Gurpreet Kaur", pending before the Family Court, Rupnagar will be transferred to the competent Court of jurisdiction at Patiala.

2. The District Judge, Patiala, will assign the said petition to the competent Court of jurisdiction.

3. The Family Court, Rupnagar is directed to transfer all the record pertaining to the aforesaid case to District Judge, Patiala.

4. The parties are directed to appear before the trial Court, Patiala, within a period of 01 month from today.

5. The Court concerned, where the litigation pending between the parties, will accommodate them with one date in one calendar month.

Disposed of.

(ARVIND SINGH SANGWAN) JUDGE 21.09.2023 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MOHD YAKUB 2023.09.22 11:52 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.