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High Court of Punjab and HaryanaTA/716/2021allowed

Manpreet Kaur v. Jagjit Singh

2021-09-27Mr. Justice Anil Kshetarpal2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH TA-716-2021 (O&M) Date of decision: 27.09.2021 MANPREET KAUR ..Petitioner ASHOK KUMAR 2021.10.01 10:16 I attest to the accuracy and integrity of this document

Versus

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

Present:

Mr. Inderjit Sharma, Advocate for the petitioner. *** ANIL KSHETARPAL, J (Oral)  

            

 

 

 

  

    On 17.08.2021, the following order was passed:- "This petition has been filed by the wife seeking the transfer of the case/petition No.HMA/973/2020, titled as "Jagjit Singh vs. Manpreet Kaur" pending in the Court of Additional Principal Judge, Family Court, at Ludhiana, to the Court of competent jurisdiction at Bathinda.

The petitioner claims that she got married to the respondent on 17.10.2018. She claims that presently she is residing with her aged parents at Bathinda. The petitioner further claims that she cannot properly defend the petition at Ludhiana.

The learned counsel representing the petitioner places reliance on the following litigations pending in District Courts, Bathinda:- (i) Under Section 12 of Domestic Violence Act, 2005. He contends that it will be very difficult for the petitioner to travel on each date of hearing. Notice of motion for 02.09.2021.

The liberty is granted to the petitioner to serve the respondent through his counsel Sh. Upkar Singh, at District Courts, Ludhiana.

Dasti also."

As per the office report, notice issued to the respondent has been received back served through his trial Court counsel. However, he remains

TA-716-2021 (O&M) ASHOK KUMAR 2021.10.01 10:16 I attest to the accuracy and integrity of this document unrepresented.

Since the facts noticed in the order dated 17.08.2021 remain uncontroverted, therefore, the petition is allowed. The proceedings of HMA/973/2020 (Jagjit Singh vs. Manpreet Kaur) pending in the Court of Principal Judge, Family Court, Ludhiana, are ordered to be transferred to the Court of competent jurisdiction at Bathinda. 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, Bathinda, on 13.10.2021 who shall either decide the matter himself or assign it to the Court of competent jurisdiction at Bathinda.

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

27.09.2021 (ANIL KSHETARPAL) ashok JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No