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High Court of Punjab and HaryanaTA/560/2021allowed

Varuna Pahuja v. Ravish Goel

2021-09-17Mr. Justice Anil Kshetarpal2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH TA-560-2021 (O&M) Date of decision: 17.09.2021 VARUNA PAHUJA ..Petitioner ASHOK KUMAR 2021.09.22 13:52 I attest to the accuracy and integrity of this document

Versus

RAVISH GOEL ..Respondent CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Aayush Gupta, Advocate for the petitioner. Mr. Bharat Puri, 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. Through this application, the petitioner (respondent's wife) prays for transfer of the proceedings of case No.DMC/490/2020 (Ravish Goel vs. Varuna Pahuja) pending before the Family Court, Jalandhar, to the Court of competent jurisdiction at Ludhiana.

It has been asserted that the respondent is presently defending three proceedings namely proceedings under Section 125 Cr.P.C, under the Protection of Women from Domestic Violence Act, 2005 and the trial of a criminal case arising from FIR at Ludhiana.

The respondent has filed an application, through e-mail, for placing on record a short reply (same is allowed and the reply is taken on record), wherein it has been stated that the petitioner working in Gramin Bank at Jalandhar and a suit for permanent injunction filed by her is also

TA-560-2021 (O&M) ASHOK KUMAR 2021.09.22 13:52 I attest to the accuracy and integrity of this document pending at Jalandhar.

Learned counsel for the petitioner submits that suit at Jalandhar was required to be filed as the suit property is situated at Jalandhar. Learned counsel further states that the petitioner has already applied for transfer from Jalandhar as she was transferred from Kapurthala to Jalandhar only because of her marriage.

As the respondent is already defending three proceedings at Ludhiana, therefore, the petition is allowed. The proceedings of case No.DMC/490/2020 (Ravish Goel vs. Varuna Pahuja) pending before the Family Court, Jalandhar, are ordered to be transferred to the Court of competent jurisdiction at Ludhiana. 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, Ludhiana, on 07.10.2021 who shall either decide the matter himself or assign it to the Court of competent jurisdiction at Ludhiana.

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

17.09.2021 (ANIL KSHETARPAL) ashok JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No