Gurdas Kaur v. State Of Punjab And ORS

CWP No. 14486 of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 14486 of 2017 Date of decision : 28.11.2017 Gurdas Kaur ....Petitioner V/s State of Punjab & ors.

....Respondents BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. Hitesh Verma, Advocate for the petitioner. Mr. Vikas Mohan Gupta, Addl. A.G. Punjab.

Mr. G.S. Sidhu, Advocate for respondent no. 3. RAJAN GUPTA J.

Petitioner has impugned order dated 21.04.2017 passed by the authority. Order has been impugned primarily on the ground that husband could not have maintained the petition/application under section 23 of the Act to seek cancellation of transfer deed. It has been urged that Tribunal has not dealt with this issue in the impugned order. Learned State counsel does not dispute that the issue regarding maintainability of petition under section 23 of the Act by petitioner requires consideration. Learned counsel appearing for respondent no. 3, however, submits that order is sustainable. Respondent no. 3 being a senior citizen was competent to file application before the Tribunal.

In view of aforesaid contentions raised before this court and the fact that issue regarding maintainability of petition under section 23 of the Act by husband against his wife needs to be considered as per law, Ajay Kumar 2017.11.29 16:09 I attest to the accuracy and authenticity of this document

CWP No. 14486 of 2017 impugned order is set-aside. Matter is remitted to same authority for decision afresh after affording opportunity of hearing to the parties. Allowed in these terms.

November 28, 2017 (RAJAN GUPTA) Ajay JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Ajay Kumar 2017.11.29 16:09 I attest to the accuracy and authenticity of this document