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High Court of Punjab and HaryanaCRM-M/29240/2015dismissed

Sandeep Kumar Verma v. Geetu Verma

2015-08-31Mr. Justice Dr. Ravi Ranjan2 pages



        

 Date of decision: 31st August, 2015  Sandeep Kumar Verma

Petitioner

Versus

Geetu Verma

Respondent        !  ! 1.

Whether Reporters of Local Newspapers may be allowed to see the judgment?

2.

Whether to be referred to the Reporters or not? 3.

Whether the judgment should be reported in the Digest?

Present:

Mr. J.B.S. Gill, Advocate for the petitioner.

 !" In this petition under Section 482 Cr.P.C., petitioner husband Sandeep Kumar Verma has sought transfer of an application under Section 125 Cr.P.C. filed by present respondent wife Geetu Verma seeking maintenance in the Court of learned Sub Divisional Judicial Magistrate, Malerkotla, District Sangrur to a competent Court at Hoshiarpur.

The short grouse so raked up by the petitioner is that the wife resides at Hoshiarpur where other litigations are pending and that she has dubiously filed the present petition at Malerkotla. The very RATTAN PAL SINGH 2015.09.02 16:01 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court



   provisions of Section 126(1)(b) Cr.P.C. provide that proceedings under Section 125 Cr.P.C. may be taken against any person in any district and out of which the wife can file so where husband resides or where the wife herself resides. Merely because other litigations are pending at Hoshiarpur does not necessitates trial of present proceedings there, when the wife had shown in the application that she was now residing with her mother Tripta at Mohalla Dacontan, Near Ghah Mandi, Malerkotla, District Sangrur. Moreover, none of the eventualities laid down under Section 407(1) Cr.P.C. stands satisfied and the counsel could not prima facie show any provision that fair and impartial trial could not be held at the courts in Sangrur or there is any unusual difficulty necessitating intervention by this Court and nothing expedient is brought to the notice of this Court necessitating indulgence. Thus finding no merit, the instant petition stands dismissed in limine.

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  RATTAN PAL SINGH 2015.09.02 16:01 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court