High Court of Punjab and HaryanaCRM-M/39783/2015disposed of

Kiran Devi & ANR v. Rajesh Kumar Bansal

2016-12-06Mr. Justice Harsimran Singh Sethi2 pages

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH CRM-M No. 39783 of 2015 Date of decision: 06.12.2016 Kiran Devi & Anr.

...Petitioners

Versus

Rajesh Kumar Bansal

...Respondent

*****

CORAM:

HON'BLE MS. JUSTICE JAISHREE THAKUR Present:- Mr. Kunal Mulwani, Advocate, for the petitioners.

Mr. Ashish Grover, Advocate for the respondent.

JAISHREE THAKUR, J.

(Oral) The instant petition has been filed by the applicant-wife seeking transfer of a petition filed under Section 125 Cr.P.C. before the Chief Judicial Magistrate, Bathinda to any other place on the ground that the respondent-husband is a practicing Advocate in the Courts at Bathinda. Reply has been filed wherein it is contended that both the parties are resident of Bathinda and as such both would be put to a great inconvenience if the transfer petition is allowed. I have heard learned counsel for the parties and have gone through the record.

Admittedly, the parties are residing at Bathinda, however, it is not in dispute that the respondent herein is practicing Advocate at Bathinda itself and would likely to influence the local Advocates. A petition under Section 13 of the Hindu Marriage Act was also filed by the husband at Bathinda in which a transfer application was moved by the wife on similar grounds claiming that her husband being a practicing Advocate would be in Satyawan 2016.12.08 17:08 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M No. 39783 of 2015 -2a position to influence the Members of the Bar and the matter was accordingly transferred. However, as per the information given today in Court the divorce petition has been dismissed in default. Keeping in view the fact and circumstances of the case noticed herein that the respondent is a practicing Advocate justice would demand that the petition filed under Section 125 Cr.P.C. be transferred from Bathinda to any other Court as was done in a petition filed under Section 13 of the Hindu Marriage Act. This transfer petition is allowed keeping in view that complete and substantial justice should be done between the parties. Accordingly, above referred petition is ordered to be transferred from Bathinda to the Courts at Barnala.

Learned Chief Judicial Magistrate, Bathinda is directed to send the complete record of the aforesaid petition, to the learned Chief Judicial Magistrate, Barnala at any early date and in any case within a period of one month from the date of receipt of certified copy of this order. 06.12.2016 (JAISHREE THAKUR) sp JUDGE Whether speaking/reasoned Yes Whether reportable No Satyawan 2016.12.