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High Court of Punjab and HaryanaTA/707/2021allowed

Gulshan v. Vikrant

2021-08-27Mr. Justice Anil Kshetarpal2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH TA-707-2021 (O&M) Date of decision: 27.08.2021 GULSHAN ..Petitioner

Versus

VIKRANT ..Respondent CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Danishwar Ali, Advocate for the petitioner. Mr. Chander Shekhar, Advocate for the respondent. *** ANIL KSHETARPAL, J (Oral)  

            

 

 

 

  

    Mr. Chander Shekhar, Advocate, enters appearance for the respondent.

On 16.08.2021, the following order was passed:- This petition has been filed by the wife seeking the transfer of the petition filed under Section 9 of the Hindu Marriage Act, 1955, bearing No.HMA/647/2020, titled as 'Vikrant vs. Gulshan' pending in the Court of Principal Judge, Family Court, Kurukshetra to the Court of competent jurisdiction at Chandigarh.

The petitioner claims that she got married to the respondent on 21.02.2019. She claims that, at present, she is residing with her aged parents at Chandigarh and cannot properly defend the petition at Kurukshetra.

Learned counsel representing the petitioner places reliance on the litigation pending in the Family Court at Chandigarh, under Section 125 Cr.P.C.

Notice of motion for 27.08.2021.

The liberty is granted to the petitioner to serve the respondent through his counsel Sh. Rajiv Gaur, District Courts, Kurukshetra.

Dasti also.

After having heard the learned counsel for the parties at length, ASHOK KUMAR 2021.08.31 14:24 I attest to the accuracy and integrity of this document

TA-707-2021 (O&M) this Bench is of the considered view that for the reasons recorded in the aforementioned order, the petition is allowed. The file of HMA/647/2020 (Vikrant Vs. Gulshan) pending in the Court of Principal Judge, Family Court, Kurukshetra, is 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 10.09.2021 who will either decide the matter himself or assign it to the Court of competent jurisdiction at Chandigarh.

All the pending miscellaneous applications, if any, are also disposed of.

27.08.2021 (ANIL KSHETARPAL) ashok JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No ASHOK KUMAR 2021.08.31 14:24 I attest to the accuracy and integrity of this document