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High Court of Punjab and HaryanaTA/331/2021allowed

Neeru Hans v. Sunil Kumar

2022-07-11Mr. Justice Arvind Singh Sangwan2 pages

TA-331-2021 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

TA-331-2021 (O&M).

Decided on: 11.07.2022.

Neeru Hans .. Petitioner

VERSUS

Sunil Kumar .. Respondent * * *

CORAM:

HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN * * * PRESENT None for the petitioner.

Mr.Navjeet Singh Malmajra, Advocate, for the respondent.

ARVIND SINGH SANGWAN , J. (ORAL ) Prayer in this petition is for transfer of the petition filed by the respondent-husband under Section 9 of the Hindu Marriage Act, titled as "Sunil Kumar Vs. Neeru Hans" HMA No.1623 of 2020, pending in the Court of learned District and Sessions Judge, Ludhiana, to the competent Court of jurisdiction at Pathankot.

As per the averments in the petition, two children were born out of this wedlock and both are minor and are living under the care and custody of the petitioner.

RAJ KUMAR ARORA 2022.07.12 17:18 I attest to the accuracy and integrity of this document

TA-331-2021 (O&M) A perusal of the petition further shows that no proceedings were initiated by the petitioner-wife against the respondenthusband. However, now the respondent-husband has filed a petition under Section 9 of the Hindu Marriage Act at Ludhiana and petitioner is praying for transfer of the same to Pathankot, on the ground that there is no male member in the family to accompany the petitioner to attend the proceedings at Ludhiana Courts which is about 160 kilometers from Pathankot, whereas she is residing with her mother.

Considering the facts and circumstances of this case, the present petition is allowed. The petition filed by the respondent-husband under Section 9 of the Hindu Marriage Act, titled as "Sunil Kumar Vs. Neeru Hans" HMA No.1623 of 2020, pending in the Court of learned District and Sessions Judge, Ludhiana, will be transferred to the competent Court of jurisdiction at Pathankot.

July 11, 2022. (ARVIND SINGH SANGWAN) raj arora JUDGE Whether speaking / reasoned Yes / No Whether reportable Yes / No RAJ KUMAR ARORA 2022.07.12 17:18 I attest to the accuracy and integrity of this document