Veerpal Kaur v. Manjit Singh

T.A. No. 484 of 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH T.A. No. 484 of 2019 DATE OF DECISION :- November 18, 2019 Veerpal Kaur ...Applicant

Versus

Manjit Singh

...Respondent

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Siddharth Gupta, Advocate for the applicant. *** Applicant Veerpal Kaur, aged about 24 years, estranged wife of Manjit Singh-respondent, presently residing with her parents at Rampura Phul, District Bathinda on account of matrimonial discord between the spouses, by way of filing the instant application seeks transfer of petition under Section 9 of the Hindu Marriage Act filed by her husband Manjit Singh against her having title 'Manjit Singh Vs. Veerpal Kaur' pending in the Court of Additional Civil Judge( Sr. Divn.), Dhuri to the Court of competent jurisdiction at Phul, District Bathinda.

According to the applicant, the marriage performed between the parties on 23.1.2017 ran into rough weather. The applicant was harassed and maltreated for demand of more dowry by the respondent and his family members, which she could not get fulfilled, therefore, she had to leave the matrimonial home and start residing with her parents. She does not have any source of income. She is taking care of minor daughter of the parties born on PARVINDER SINGH 2019.11.21 15:27 I attest to the accuracy and integrity of this document Chandigarh

T.A. No. 484 of 2019 13.3.2018. The applicant has filed petition under Section 125 Cr.P.C. for grant of maintenance to her as well as to minor daughter of the parties. As a counter blast, the respondent has filed the petition in question just to harass her. It is, difficult for her to travel from her parental place to Dhuri, covering a distance of about 90 kms on one side so as to attend the dates of hearing in the Court there, therefore, the application be accepted. Notice of the application was given to the respondent, who as per office report has been duly served but has not turned up to offer a contest. I have heard learned counsel for the applicant besides going through the record.

Keeping in view the contentions in the application and submissions made by learned counsel for the applicant, in which I find merit, in absence of any strong circumstance to the contrary, it would be proper and appropriate if the application is accepted. The same is accordingly allowed. The petition in question is ordered to be withdrawn from the Court of Additional Civil Judge( Sr. Divn.), Dhuri and transferred to Family Court at Bathinda for disposal in accordance with law. The parties are directed to appear in the transferee Court on 17.12.2019. Copies of orders be sent to the Court of Additional Civil Judge ( Sr. Divn.), Dhuri as well as to the Family Court at Bathinda for information and necessary compliance.

(H.S. MADAAN) JUDGE November 18, 2019 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2019.11.21 15:27 I attest to the accuracy and integrity of this document Chandigarh