Tania Verma v. Jashan Preet Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision : 06.12.2021 Tania Verma .....Petitioner(s)

Versus

Jashan Preet Singh .....Respondent(s) CORAM: HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. Surinder Singh, Advocate for the petitioner. None for the respondent.

**** ALKA SARIN, J. (ORAL) Heard in physical mode.

The present petition has been filed under Section 24 read with Section 151 of the Code of Civil Procedure, 1908 seeking transfer of the petition i.e. DMC/652/2021 titled as "Jashan Preet Singh Vs. Tania Verma" filed by the respondent-husband under Section 9 of the Hindu Marriage Act, 1955 (in short the 'HM Act') pending in the Court of Principal Judge, Family Court, Bathinda to the Court of competent jurisdiction at SAS Nagar, Mohali (Camp Court at Kharar).

Learned counsel for the petitioner would contend that the petitioner was married to the respondent on 07.08.2020 and she is now residing at Kharar, SAS Nagar (Mohali) along with her parents. He would further contend that the petitioner in order to defend the case at Bathinda would have to travel a distance of approximately 237 kms (one way) and it

-2is not feasible for her, financially or otherwise, to travel to Bathinda on each and every date of hearing.

Learned counsel for the petitioner would further contend that one case initiated by the petitioner being a petition under Section 125 CrPC for grant of maintenance is already pending in the Family Court at SAS Nagar, Mohali (Camp Court at Kharar).

As per the office report, service is complete. Though Mr. Narinder Lucky, Advocate has filed his vakalatnama in the Registry, however, today no one has put in appearance on behalf of the respondent despite the matter being called twice. The respondent is, therefore, proceeded against ex parte.

Heard learned counsel for the petitioner.

In view of the above and keeping in mind the facts that the petitioner is now residing at Kharar, SAS Nagar (Mohali) along with her parents and she would have to travel a distance of approximately 474 kms (to and fro) to attend the proceedings at Bathinda as also the fact that one case initiated by the petitioner being a petition under Section 125 CrPC for grant of maintenance is already pending in the Family Court at SAS Nagar, Mohali (Camp Court at Kharar), I deem this to be a fit case for transfer of the petition i.e. DMC/652/2021 titled as "Jashan Preet Singh Vs. Tania Verma" filed by the respondent-husband under Section 9 of the HM Act pending in the Court of Principal Judge, Family Court, Bathinda to the Court of competent jurisdiction at SAS Nagar, Mohali (Camp Court at Kharar). Ordered accordingly.

-3The records of the case shall be sent by the concerned Court to the Court of the learned District Judge, SAS Nagar, Mohali and the parties shall appear there on 20.01.2022 at 10.00 a.m. The present petition is disposed off in the above terms. 06.12.2021 Yogesh Sharma ( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO