Narinder Pal Singh v. Manpreet Kaur And Another

In the High Court of Punjab and Haryana at Chandigarh 2023:PHHC:077035
CRM-M- 19147 of 2023 Date of Decision: 26.05.2023 Narinder Pal Singh ---Petitioner versus Manpreet Kaur and another ---Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Ritesh Aggarwal, Advocate for the petitioner Mr. Lakshay Bector, Advocate for Mr. Shehbaz Thind, Advocate for the respondents **** JAGMOHAN BANSAL, J. (ORAL) 1.

The petitioner, through the instant petition under Section 407 Cr.P.C. read with Section 482 Cr.P.C. is seeking transfer of petition bearing Complaint No. MNT/124/2023 dated 28.2.2023 titled as "Manpreet Kaur and another vs. Narinder Pal Singh" under Section 125 Cr.P.C. from the Court of Additional Principal Judge, Family Court, Ludhiana to any Court of competent jurisdiction at Patiala. 2.

Mr. Shehbaz Thind, Advocate, filed vakalatnama on behalf of the respondents. The same is taken on record. Registry is directed to tag the same at an appropriate place. 3.

Learned counsel for the petitioner inter alia contends that parental home of the respondent is at Fatehgarh Sahib. Respondent, at present, is staying at Fatehgarh Sahib. The matrimonial home of the PARAMJIT KAUR SAINI 2023.05.26 18:49 I attest to the accuracy and authenticity of this order/judgment

2023:PHHC:077035
CRM-M- 19147 of 2023 -2respondent falls within jurisdiction of District Patiala. A petition under Section 13-B of Hindu Marriage Act seeking divorce by mutual consent was filed at Patiala, however, respondent resiled at the second motion, thus, petitioner left with no other option, filed petition under Section 13 of Hindu Marriage Act seeking divorce. The respondent just to harass the petitioner has filed petition under Section 125 Cr.P.C. at Ludhiana though neither she is staying within jurisdiction of Ludhaina nor she had co-habitted with petitioner in the District Ludhiana.

4.

Learned counsel for the parties are ad idem that petition under Section 13 of Hindu Marriage Act filed by petitioner has been transferred from Nabha to Ludhiana vide order dated 17.05.2023. 5.

In view of transfer of petition under Section 13 of Hindu Marriage Act from Nabha to Ludhiana, there seems no reason to transfer petition under Section 125 Cr.P.C. from Ludhiana to any court of competent jurisdiction at Patiala.

6.

Dismissed.

( JAGMOHAN BANSAL ) JUDGE 26.05.2023 paramjit Whether speaking/reasoned : Yes/No Whether reportable : Yes/No PARAMJIT KAUR SAINI 2023.05.26 18:49 I attest to the accuracy and authenticity of this order/judgment