Sonia @ Sonia Negi v. Karanvir Kumar Sharma
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH TA-562-2021 (O&M) Date of decision: 06.10.2021 SONIA @ SONIA NEGI ..Petitioner ASHOK KUMAR 2021.10.08 09:50 I attest to the accuracy and integrity of this document
Versus
KARANVIR KUMAR SHARMA ..Respondent CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present:
Mr. Atul Goyal, Advocate for the petitioner.
Mr. AK Saini, Advocate for the respondent.
*** ANIL KSHETARPAL, J (Oral) The hearing of the case was held through video conferencing on account of restricted functioning of the Courts. CM No.10011-CII of 2021 Allowed as prayed for. Annexure P4 is taken on record subject to all just exceptions.
Main Case This is an application filed by the wife with a prayer to transfer the proceedings in a petition bearing No.HMA/48/2021 (Karanvir Kumar Sharma vs. Sonia @ Sonia Negi) filed under Section 13 of the Hindu Marriage Act, 1955, from the Family Court, Samrala, to the Court of competent jurisdiction at Chandigarh.
The petitioner alleges that respondent's brother is a practising Advocate at Samrala and the respondent is already defending proceedings in a complaint filed under Section 12 of the Protection of Women from
TA-562-2021 (O&M) ASHOK KUMAR 2021.10.08 09:50 I attest to the accuracy and integrity of this document Domestic Violence Act, 2005, at Chandigarh. The petitioner also claims that the petitioner and respondent are employed in Chandigarh itself. Learned counsel representing the respondent states that the petitioner repeatedly changes her address.
It is not in dispute that the petitioner has not filed any previous transfer petition.
Keeping in view the aforesaid facts, the petition is allowed. The proceedings in the petition bearing No.HMA/48/2021 (Karanvir Kumar Sharma vs. Sonia @ Sonia Negi) filed under Section 13 of the Hindu Marriage Act, 1955, pending in the Family Court, Samrala, are ordered to be transferred to the Court of competent jurisdiction at Chandigarh. The transferor Court is requested to remit the case file to the transferee Court forthwith. The parties are directed to appear before the District Judge, Chandigarh, on 22.10.2021 who shall either decide the matter himself or assign it to the Court of competent jurisdiction at Chandigarh. All the pending miscellaneous application(s), if any, are also disposed of.
06.10.2021 (ANIL KSHETARPAL) ashok JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No