High Court of Punjab and HaryanaTA/544/2021allowed

Hina And ANR v. Sunny

2021-09-02Mr. Justice Anil Kshetarpal2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH TA-544-2021 (O&M) Date of decision: 02.09.2021 HINA AND ANR ..Petitioners

Versus

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

Present:

Mr. Jitender K. Sehrawat, Advocate for the petitioners. *** ANIL KSHETARPAL, J (Oral) The hearing of the case was held through video conferencing on account of restricted functioning of the Courts. Hina and her minor daughter (the petitioners) pray for transfer of the file of HMA/714/2021 (Sunny vs. Mrs. Hina and another), pending before the Family Court, Faridabad to the Court of Family Court, Bathinda. The petitioner-Hina claims that she is residing with her 2 year old daughter at Bathinda with her parents which is at a distance of about 400 kms. from Faridabad. Learned counsel contends that the respondent (husband) is already defending two cases at Bathinda namely trial in the FIR as well as a petition under the Protection of Women from Domestic Violence Act, 2005.

As per the office report, notice issued to the respondent has been received back served through his brother. However, the respondent has chosen not to enter appearance.

Keeping in the view the assertions made in the petition, the petition is allowed. The file of HMA/714/2021 (Sunny Vs. Mrs. Hina and ASHOK KUMAR 2021.09.03 15:17 I attest to the accuracy and integrity of this document

TA-544-2021 (O&M) another) pending in the Family Court, Faridabad is ordered to be transferred to the Court of competent jurisdiction at Bathinda. The transferor Court is requested to remit the case file to the transferee Court forthwith. The petitioners are directed to appear before the District Judge, Bathinda, on 22.09.2021 who will either decide the matter himself or assign it to the Court of competent jurisdiction at Bathinda.

All the pending miscellaneous application(s), if any, are also disposed of.

02.09.2021 (ANIL KSHETARPAL) ashok JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No ASHOK KUMAR 2021.09.03 15:17 I attest to the accuracy and integrity of this document