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High Court of Punjab and HaryanaTA/530/2021allowed

Priyanka v. Pravesh

2021-09-15Mr. Justice Anil Kshetarpal2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH TA-530-2021 (O&M) Date of decision: 15.09.2021 PRIYANKA ..Petitioner

Versus

PRAVESH ..Respondent CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Mazlish Khan, Advocate for the petitioner. *** ANIL KSHETARPAL, J (Oral) The hearing of the case was held through video conferencing on account of restricted functioning of the Courts. This application has been filed by the wife with a prayer to transfer the proceedings in HMA/77/21 (Parvesh vs. Priyanka) pending in the Court of the Principal Judge, Family Court, Gurugram, to the Court of competent jurisdiction at Jhajjar.

The petitioner claims that respondent is already defending a criminal case arising from FIR No.10, dated 06.01.2021 and proceedings under Section 125 Cr.P.C. at Jhajjar. The petitioner also claims that the distance between the two cities is 70 kms and she does not have any independent source of income. Learned counsel representing the petitioner further draws the attention of the Court to the order passed in TA No.497 of 2021 (Neha vs. Sukhbir) on 31.08.2021. He submits that the petitioner's sister is married to the respondent's brother and similar transfer application has ASHOK KUMAR 2021.09.17 09:33 I attest to the accuracy and integrity of this document

TA-530-2021 (O&M) been allowed.

Keeping in view the aforesaid facts, the petition is allowed. The proceedings in HMA/77/21 (Parvesh vs. Priyanka) pending in the Court of the Principal Judge, Family Court, Gurugram, are ordered to be transferred to the Court of competent jurisdiction at Jhajjar. The transferor Court is requested to remit the case file to the transferee Court forthwith. The parties are directed to appear before the District Judge, Jhajjar, on 06.10.2021 who shall either decide the matter himself or assign it to the Court of competent jurisdiction at Jhajjar.

All the pending miscellaneous application(s), if any, are also disposed of.

15.09.2021 (ANIL KSHETARPAL) ashok JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No ASHOK KUMAR 2021.09.17 09:33 I attest to the accuracy and integrity of this document