Manju v. Darshan Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH TA-695-2021 (O&M) Date of decision: 27.08.2021 MANJU ..Petitioner

Versus

DARSHAN SINGH ..Respondent CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. RS Dhull, Advocate for the petitioner.

Mr. Rajesh S. Bagga, Advocate for the respondent. *** ANIL KSHETARPAL, J (Oral) The hearing of the case was held through video conferencing on account of restricted functioning of the Courts. On 12.08.2021, the following order was passed:- This petition has been filed by the wife seeking the transfer of the petition filed under Section 13 of the Hindu Marriage Act, 1955, bearing No.HMA/399/2020 (CNR No.HRKH01-003176-2020), pending in the Court of District & Sessions Judge, Kaithal, to the Court of competent jurisdiction at Panchkula.

The petitioner claims that she got married to the respondent on 11.07.2019.

Learned counsel representing the petitioner contends that the respondent-husband is already facing trial in FIR No.93, dated 16.03.2020, registered under Section 377/406/498-A IPC, at Police Station Chandimandir, District Panchkula. He further contends that the petitioner is staying at Panchkula. He contends that the distance between the two places is 120 Kms and it will be difficult for the petitioner to travel on each date of hearing, at Kaithal.

Notice of motion for 25.08.2021.

The liberty is granted to the petitioner to serve the respondent through his counsel Mr. Naranjan Singh Dhull, at District Courts, Kaithal.

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-695-2021 (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/399/2020 (CNR No.HRKH01-003176-2020) pending in the Court of the District and Sessions Judge, Kaithal, is 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 10.09.2021 who will either decide the matter himself or assign it to the Court of competent jurisdiction at Panchkula.

All the pending miscellaneous application(s), 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