Shanu Anand v. Neeraj Anand

In the High Court of Punjab and Haryana, at Chandigarh Transfer Application No. 572 of 2021 (O&M) Date of Decision: 21.09.2021 Shanu Anand ... Petitioner(s)

Versus

Neeraj Anand ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. Nitin Sachdeva, Advocate for the petitioner(s).

Anil Kshetarpal, J.

1.

Through this application, the petitioner (wife) prays for transfer of the proceedings of the petition filed under Section 9 of the Hindu Marriage Act, 1955 (Neeraj Anand v. Shanu Anand, bearing No. HMA/192/2020), presently pending in the Court of the Additional Principal Judge, Family Court at Jalandhar, to the Court of competent jurisdiction at Ludhiana.

2.

The petitioner claims that the respondent is already defending the two litigations between the parties at Ludhiana i.e. the proceedings under Section 125 Cr.P.C. and the complaint under the Protection of Women from Domestic Violence Act, 2005. The petitioner also claims that she is living with her minor son in the house of her parents and she does not have any independent source of income.

3.

On 09.07.2021, notice of motion was issued to the respondent. As per the office report, the notice issued to the respondent has been DEEPAK KUMAR BHARDWAJ 2021.09.22 11:51 I attest to the accuracy and integrity of this document

Transfer Application No. 572 of 2021 (O&M) received back as served. However, he remains unrepresented. 4.

Keeping in view the aforesaid facts, the present application is allowed. The proceedings of the case Neeraj Anand v. Shanu Anand, under Section 9 of the Hindu Marriage Act, 1955, presently pending in the Court of the Additional Principal Judge, Family Court at Jalandhar, are transferred to the Court of competent jurisdiction at Ludhiana. The transferor Court is requested to remit the file of the aforesaid case to the transferee Court forthwith. The parties, through their learned counsel, are directed to appear before the Court of District and Sessions Judge at Ludhiana on 08.10.2021, who may try the case himself or assign it to any other Presiding Judge having jurisdiction.

5.

The miscellaneous application(s) pending, if any, shall stand disposed of.

(Anil Kshetarpal) Judge September 21, 2021 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2021.09.22 11:51 I attest to the accuracy and integrity of this document