Vanita @ Vinita v. Aman Chohan

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH TA-725-2021 (O&M) Date of decision: 10.09.2021 VANITA @ VINITA ..Petitioner

Versus

AMAN CHOHAN ..Respondent CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. SS Sangwan, Advocate for the petitioner.

Mr. AS Khinda, 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 19.08.2021, 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, titled as 'Aman Chohan vs. Vanita' pending in the Court of District Judge, Kapurthala to the Court of competent jurisdiction at Rupnagar.

The petitioner claims that she got married to the respondent on 19.01.2012.

Learned counsel representing the petitioner contends that the respondent-husband is already facing trial in three cases in District Courts, Rupnagar i.e. FIR No.154, dated 02.12.2013, registered under Section 498-A IPC, petition under Section 125 Cr.P.C and petition under Section 18,19, 20 & 22 of the Protection of Women from Domestic Violence Act, 2005.

Notice of motion for 03.09.2021.

The liberty is granted to the petitioner to serve the respondent through his counsel Sh. J.J.S.Arora, District Court, Kapurthala.

Dasti also."

Learned counsel for the respondent has opposed the prayer for transfer. However, the facts noticed in the order dated 19.08.2021 are not ASHOK KUMAR 2021.09.13 09:50 I attest to the accuracy and integrity of this document

TA-725-2021 (O&M) disputed.

Keeping in view the aforesaid facts, the petition is allowed. The proceedings in petition (Aman Chohan vs. Vanita) filed under Section 13 of the Hindu Marriage Act, 1955, pending in the Court of District Judge, Kapurthala, are ordered to be transferred to the Court of competent jurisdiction at Rupnagar. 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, Rupnagar, on 01.10.2021 who shall either decide the matter himself or assign it to the Court of competent jurisdiction at Rupnagar.

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

10.09.2021 (ANIL KSHETARPAL) ashok JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No ASHOK KUMAR 2021.09.13 09:50 I attest to the accuracy and integrity of this document