High Court of Punjab and HaryanaTA/704/2021allowed

Paramjit v. Rakesh

2021-09-09Mr. Justice Anil Kshetarpal2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH 102+211 TA-704-2021 (O&M) Date of decision: 09.09.2021 PARAMJIT ..Petitioner

Versus

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

Present:

Ms. Savita Rana, Advocate for the petitioner. Mr. Parminder Singh, Advocate for the respondent. *** ANIL KSHETARPAL, J (Oral) CM No.8224-CII of 2021 Allowed as prayed for. Reply of the respondent is taken on record.

Main Case Through this application, the petitioner (the respondent's wife) prays for transferring the proceedings of the petition (HMA-68 of 2021 'Rakesh vs. Paramjit') filed under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 pending in the Court of Family Court, Karnal to the Court of competent jurisdiction at Panchkula.

It has been pointed out that the petitioner is maintaining two children born out of the wedlock of petitioner and respondent. The respondent is already defending three litigations at District Court, Panchkula. The first one is under the Protection of Women from Domestic Violence Act, 2005, the second is the petition under Section 125 Cr.P.C. for grant of ASHOK KUMAR 2021.09.10 10:20 I attest to the accuracy and integrity of this document

TA-704-2021 (O&M) maintenance and the third is a trial in FIR No.9 dated 04.02.2020. Learned counsel representing the respondent contends that three different suits are pending at Karnal. On perusal of the aforesaid proceedings, it is apparent that aforesaid suits are with respect to immovable property located in Karnal, therefore, the Court at Karnal has the territorial jurisdiction.

Keeping in view the aforesaid facts, the petition is allowed. The proceedings in petition (HMA-68 of 2021 'Rakesh vs. Paramjit') filed under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, pending in the Court of Family Court, Karnal, are ordered to be transferred to the Court of competent jurisdiction at Panchkula. 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, Panchkula, on 30.09.2021 who shall either decide the matter himself or assign it to the Court of competent jurisdiction at Panchkula.

09.09.2021 (ANIL KSHETARPAL) ashok JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No ASHOK KUMAR 2021.09.10 10:20 I attest to the accuracy and integrity of this document