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High Court of Punjab and HaryanaTA/284/2019allowed

Naveta v. Parveen And Another

2019-10-18Mr. Justice Harminder Singh Madaan2 pages

T.A. No. 284 of 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH T.A. No. 284 of 2019 DATE OF DECISION :- October 18, 2019 Naveta ...Applicant

Versus

Parveen and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Pawan Kumar Hooda, Advocate for the applicant. *** Applicant Naveta, aged about 24 years, wife of Parveenrespondent, presently residing with her parents at Panipat on account of matrimonial discord between the spouses, by way of filing the instant application seeks transfer of petition under Section 11 of the Hindu Marriage Act having title 'Parveen Vs Naveta and another' pending in the Court of Principal Judge, Family Court, Rohtak to the Court of competent jurisdiction at Panipat.

According to the applicant, the marriage between the parties was performed on 25.11.2015. Thereafter they started residing together and were blessed with a minor daughter namely Vanshika on 15.8.2017. Circumstance were so created by respondent No. 1 Parveen that she was forced to leave the matrimonial home along with minor child. She is residing with her parents now. Respondent No. 1 has brought the petition in question against her on false grounds. Under the circumstance, it is difficult for her to travel from her parental place to Rohtak to attend the dates of PARVINDER SINGH 2019.10.30 10:41 I attest to the accuracy and integrity of this document Chandigarh

T.A. No. 284 of 2019 hearing in the Court there, therefore, the application be accepted. Notice of the application was given to the respondent, who as per office report has been duly served but he has not turn up to offer a contest. I have heard learned counsel for the applicant besides going through the record.

Keeping in view the contentions in the application and submissions made by learned counsel for the applicant, in which I find merit, in absence of any strong circumstance to the contrary, it would be proper and appropriate if the application is accepted. The same is accordingly allowed. The petition in question is ordered to be withdrawn from the Court of Principal Judge, Family Court, Rohtak and transferred to Family Court at Panipat for disposal in accordance with law.

The parties are directed to appear in the transferee Court on 18.11.2019. Copies of orders be sent to the Court of Principal Judge, Family Court, Rohtak as well as to the Family Court at Panipat for information and necessary compliance.

(H.S. MADAAN) JUDGE October 18, 2019 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2019.10.30 10:41 I attest to the accuracy and integrity of this document Chandigarh