Harsimranjit Kaur And ORS v. Gagandeep Singh And ORS
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Sr. No.106 Date of Decision: 18.09.2024 1.
TA-738-2023 HARSIMRANJIT KAUR AND OTHERS ....Applicants
Versus
GAGANDEEP SINGH AND OTHERS .....Respondents 2.
TA-1067-2023 HARSIMRANJIT KAUR ....Applicant
Versus
GAGANDEEP SINGH .....Respondent
CORAM:
HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. F.S. Virk, Advocate for the applicant (in both the cases).
Respondents proceeded against ex parte (in TA-738-2023) vide order dated 10.09.2024.
None for the respondent (in TA-1067-2023).
***** ARCHANA PURI, J. (Oral) Vide this order, I shall dispose of two applications, filed by the applicant(s), for seeking transfer of the litigation, pending between the parties to the lis, arising from their matrimonial alliance.
TA-738-2023 has been filed by the
! "#$!%$
$&
!
' (
# '(#!)
$ *
(
+ ,
-
. /
"#$)$ &
!12 -
"#$!%$#
+"#$!%$,
+ ,
- -
-
"#$)$ #
it is submitted by the counsel for the applicant(s) that the marriage between applicant No.1 and respondent No.1Gagandeep Singh, was solemnized on 25.10.2019. However, due to the matrimonial discord, they are residing separate. Further, it is submitted that FIR bearing No.89 dated 19.11.2021, under Section 406/498-A IPC, was got lodged by applicant No.1-Harsimrajit Kaur at Police Station Women Cell, Patiala, against respondent No.1, as well as his mother. During the pendency of the appeal, an application under Section 438 Cr.P.C. was filed by respondent No.1 and his mother. The matter was referred to Mediation
Centre and after interaction of the parties with the Mediator, compromise was effected, copy whereof is Annexure A-2. However, the terms of the compromise were not complied with by respondent No.1. Thereafter, the civil suit, as well as the divorce petition in hand, were filed in the Courts at Malerkotla.
It is submitted by the counsel that qua the FIR registered, the trial is going on in the Courts at Patiala. The applicant has also filed petition under Section 2(A) of the Protection of Women from Domestic Violence Act, which is pending in the Courts. However, the same is at the appearance stage. Also, it is submitted that applicant No.1 is a housewife and is not having any independent source of earning. In these circumstances, it is submitted that it is difficult for the applicant to defend the litigation, pending in the Courts at Malerkotla, which is at a distance of about 60 kilometres, from the place of her residence.
In view of the submission made by the counsel, considering the fact that two rounds of litigation are already pending in Patiala Courts, more particularly, considering the applicant to be not having any independent source of earning and looking at the convenience of the applicant, the application is allowed and
!
&
!
' (
# '(#!)
$
- (
. /"
5
6 7
/
6 7
/
. /2
&
-
-
&
(ARCHANA PURI) 18.09.2024 JUDGE Himanshu Whether speaking/reasoned :
Yes Whether reportable :
Yes/No