Harjeet Kaur v. Gurpreet Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH -.- TA No.170 of 2021(O&M) Date of Decision: 18.11.2021 Harjeet Kaur ....Petitioner

VERSUS

Gurpreet Singh ....Respondent CORAM: HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. Munish Behl, Advocate for the petitioner. ALKA SARIN, J. (Oral) Heard in physical mode.

The present petition under Sections 24 of the Code of Civil Procedure, 1908 has been filed by the petitioner-wife seeking transfer of the petition filed by the respondent-husband under Section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'HM Act') bearing case No.HMA/1185/2019 titled as "Gurpreet Singh Vs. Harjeet Kaur" pending in the Court of Principal Judge, Family Court, Jagadhri to the Court of competent jurisdiction at Ambala.

Learned counsel for the petitioner would contend that presently the petitioner is residing with her parents at Ambala and that she has to travel a distance of about 150 kms (up and down) in order to attend the proceedings before the Family Court, Jagadhri and it would be difficult for her to contest the case there properly. It is further the contention of learned counsel for the petitioner that proceedings in FIR No.15 dated 12.01.2020 under Sections 323, 406, 498-A IPC are pending at Ambala. TRIPTI SAINI 2021.11.19 12:48 I attest to the accuracy and integrity of this document

TA No.170 of 2021(O&M) -2As per the office report, the respondent was served way-back in April. However, no one has put in appearance on his behalf till date despite the matter being called twice today. The respondent is, hence, proceeded against ex-parte.

I have heard learned counsel for the petitioner. In view of the above and keeping in view the fact that the petitioner-wife in the present case is residing at Ambala and would have to travel 150 kms (up and down) in order to attend the proceedings before the Family Court at Jagadhri on every date of hearing and also the fact that the proceedings in FIR No.15 dated 12.01.2020 under Sections 323, 406, 498-A IPC are pending at Ambala, I deem it appropriate to allow the present petition and to transfer the petition filed by the respondent-husband under Section 9 of the HM Act bearing case No.HMA/1185/2019 titled as "Gurpreet Singh Vs. Harjeet Kaur" pending in the Court of Principal Judge, Family Court, Jagadhri to the Court of competent jurisdiction at Ambala. The records of the case shall be sent by the concerned Court to the Court of the learned District Judge, Ambala and the parties shall appear there on 02.12.2021 at 10.00 a.m.

The present petition is disposed off in the above terms. November 18, 2021 ( ALKA SARIN ) tripti JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO TRIPTI SAINI 2021.11.19 12:48 I attest to the accuracy and integrity of this document