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High Court of Punjab and HaryanaTA/482/2021allowed

Ritu v. Mohit

2021-08-10Mr. Justice Anil Kshetarpal2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH TA-482-2021 (O&M) Date of decision: 10.08.2021 RITU ..Petitioner

Versus

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

Present:

Mr. Sukhdev S. Gopera, Advocate for the petitioner. *** ANIL KSHETARPAL, J (Oral)  

            

 

 

 

  

    This is the wife's petition under Section 24 of Civil Procedure Code seeking the transfer of case filed under Section 9 of the Hindu Marriage Act by the respondent (husband) titled as 'Mohit Vs. Ritu', presently pending before the Family Court (Additional District Judge), Jhajjar. The petitioner claims that she got married to the respondent on 09.02.2012 and the couple has been blessed with 2 children, both of whom are minor. The petitioner claims that she is residing with her parents and has no independent source of income. The petitioner has also filed a petition under Section 125 Cr.P.C. for grant of maintenance which is pending before the Court of learned Judicial Magistrate Ist Class, Jind.

As already noticed, the petitioner prays for transfer of case filed under Section 9 of the Hindu Marriage Act from the Family Court, Jhajjar, to the Court of competent jurisdiction at Jind. On 04.05.2021, notice of motion ASHOK KUMAR 2021.08.12 10:13 I attest to the accuracy and integrity of this document

TA-482-2021 (O&M) was issued and proceedings were stayed. As per the office report, notice sent to the respondent has been received back served. Keeping in view the assertions made, the application is allowed. The petition filed under Section 9 of the Hindu Marriage Act, titled as 'Mohit Vs. Ritu' pending in the Court of Family Court, Jhajjar, is ordered to be transferred to the Court of competent jurisdiction at Jind. The transferor Court is requested to remit the case file to the transferee Court forthwith. All the pending miscellaneous applications, if any, are also disposed of.

10.08.2021 (ANIL KSHETARPAL) ashok JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No ASHOK KUMAR 2021.08.12 10:13 I attest to the accuracy and integrity of this document