Gurdarshan Kaur v. Supreet Singh
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,* * & .)/ Prayer in this petition filed by petitioner-wife is for transfer of petition filed by respondent-husband under Section 13 of the Hindu Marriage Act, 1995, bearing HMA No.2167 of 2023, titled as Supreet Singh vs. Gurdarshan Kaur, pending in the Court of Principal Judge, Family Court, Amritsar, to a Court of competent jurisdiction at Rupnagar.
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$% & That the parties were married on 21.2.2018 according to Sikh rites and rituals.
& That a male child was born out of this wedlock on 30.03.2021, who is in the care and custody of the petitioner. & That the petitioner-wife is living separately from the respondent-husband and presently living with her parents at their mercy at Morinda, District Rupnagar (Ropar). Earlier she was residing with her parents at Amritsar but later on shifted to Morinda, Rupnagar (Ropar).
iv) That the proceedings arising out of petitions :- (a) under the Protection of Women from Domestic Violence Act, 2005; and (b) under Section 125 Cr.P.C.;
filed by the petitioner-wife, are pending in the Courts having competent jurisdiction at Rupnagar (Ropar).
v) That the respondent-husband has also filed a petition under Section 25 of the Guardian and Wards Act,189, titled as Supreet Singh vs. Gurdarshan Kaur, at District Court, Amritsar, which has been transferred to a Court of competent jurisdiction at Rupnagar vide order dated 29.11.2022 passed in TA-14582022. vi) That the respondent-husband has also filed a petition under Section 9 of the Hindu Marriage Act,1955, before the Family Court, Amritsar, which was decreed ex parte. The petitioner has moved an application under Order 9 Rule 13 CPC seeking recall of the ex parte decree and the said application has also been transferred vide order dated 21.03.2023 passed in TA-1429-2022 from the Family Court, Amritsar, to a Court of competent jurisdiction at Rupnagar.
& That the distance between place of residence of the petitionerwife i.e. Morinda, District Rupnagar (Ropar) and the place of proceedings in application under Order 9 Rule 13 of CPC, filed by the respondent-husband, pending before the Principal Judge, Family Court, Amritsar, is about 200 kilometers of one side. '
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13 of the Hindu Marriage Act, 1995, bearing HMA No.2167 of 2023, titled as Supreet Singh vs. Gurdarshan Kaur, pending in the Court of Principal Judge, Family Court, Amritsar, is transferred to a Court of competent jurisdiction at Rupnagar
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