Priti v. Gaurav Drall

In the High Court of Punjab and Haryana, at Chandigarh Transfer Application No. 324 of 2024 Date of Decision: 13.09.2024 Priti ... Petitioner(s)

Versus

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

Present:

Mr. Sourabh Sheoran, Advocate for the petitioner(s).

Anil Kshetarpal, J.

1.

As per the office report, the respondent has not entered appearance despite receipt of notice. On 13.03.2024, the following order was passed:- "Learned counsel for the petitioner has filed in Court a copy of order dated 22.12.2023, whereby the petitioner has been summoned in a petition filed by the respondent-husband under Section 9 of the Hindu Marriage Act, 1955. Prayer in the present petition is for transfer of the aforesaid petition pending before the Principal Judge, Family Court, Camp Court at Bahadurgarh, District Jhajjar, to a Court of competent jurisdiction at Charkhi Dadri.

Notice of motion for final disposal, returnable for 17.05.2024.

DEEPAK KUMAR BHARDWAJ 2024.09.17 14:30 I attest to the accuracy and integrity of this document Liberty is granted to additionally serve the respondent

Transfer Application No. 324 of 2024 through the counsel representing him before the trial Court. Reply, if any, be filed before the date fixed with a copy in advance to learned counsel for the petitioner. In the meanwhile, trial Court is directed to adjourn the proceedings to a date beyond the one fixed before this Court." 2.

The learned counsel representing the petitioner contends that the petitioner is taking care of a minor child and she does not have wherewithal to defend the petition at Jhajjar which is at a distance of 120 kms. from Charkhi Dadri, whereas the respondent is working as an Assistant Commandant in the Border Security Force.

3.

In view of the aforesaid position, the present petition is allowed. The petition bearing No. HMA/838/2023, presently pending in the Court of the Principal Judge, Family Court, Jhajjar, Camp Court, Bahadurgarh, is transferred to the Court of Additional Sessions Judge, Charkhi Dadri, forthwith. The transferor Court is requested to remit the file to the transferee Court, forthwith, after informing the learned counsel representing the respondent-husband.

4.

The parties are directed to appear before the Transferee Court on 04.10.2024.

(Anil Kshetarpal) Judge September 13, 2024 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2024.09.17 14:30 I attest to the accuracy and integrity of this document