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High Court of Punjab and HaryanaTA/710/2021allowed

Vinati Budhwar v. Rachit Gahlawat

2021-09-07Mr. Justice Anil Kshetarpal2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH TA-710-2021 (O&M) Date of decision: 07.09.2021 VINATI BUDHWAR ..Petitioner

Versus

RACHIT GAHLAWAT ..Respondent CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Madan Sandhu, Advocate for the petitioner. None for the respondent.

*** ANIL KSHETARPAL, J (Oral) On 16.08.2021, the following order was passed:- "The hearing of the case was held through video conferencing on account of restricted functioning of the Courts.

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/288/2021, titled as 'Rachit Gahalwat vs. Vinati Budhwar' pending in the Court of Principal Judge, Family Court, Kapurthala to the Court of competent jurisdiction at Rohtak.

The petitioner claims that she got married to the respondent on 08.02.2019. She claims that at present, she is residing with her aged parents at Rohtak and the distance between Rohtak and Kapurthala is more than 385 Kms. The petitioner further claims that she cannot properly defend the petition at Kapurthala. She further claims that she is a lactating mother of her minor son born on 29.03.2021.

Notice of motion for 01.09.2021.

The liberty is granted to the petitioner to serve the respondent through his counsel Sh. Chander Shekhar Sharma, District Court, Kapurthala.

Dasti also."

Keeping in view the aforesaid facts, the petition is allowed. The file of HMA No.288/2021 (Rachit Gahlawat vs. Vinati Budhwar) pending in the Court of Principal Judge, Family Court, Kapurthala, is ordered to be ASHOK KUMAR 2021.09.09 14:51 I attest to the accuracy and integrity of this document

TA-710-2021 (O&M) transferred to the Court of competent jurisdiction at Rohtak. The transferor Court is requested to remit the case file to the transferee Court forthwith. The petitioner is directed to appear before the District Judge, Rohtak, on 28.09.2021 who shall either decide the matter himself or assign it to the Court of competent jurisdiction at Rohtak.

All the pending miscellaneous application(s), if any, are also disposed of.

07.09.2021 (ANIL KSHETARPAL) ashok JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No ASHOK KUMAR 2021.09.09 14:51 I attest to the accuracy and integrity of this document