Dr. Manpreet Kaur v. Pushpinder Singh

 

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.107 TA-864-2023 Date of Decision: 31.01.2025

   ....Applicant

Versus

    .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Jagjit Singh, Advocate for the applicant.

Mr. Mayank Mathur, Advocate for the respondent.

***** ARCHANA PURI, J. (Oral) Yesterday, an offer was given by the counsel for the applicant that the applicant has no objection for seeking divorce by mutual consent, if the divorce petition filed by the respondent i.e. DMC/104/2023, is transferred from the Family Court, Rajpura, District Patiala, to the Courts at Kapurthala.

Today, the counsel for the respondent has given a statement that the respondent has no objection, if the divorce petition filed by him is transferred to Kapurthala. Further, he has given a statement that the respondent is also ready for seeking divorce by mutual consent. In view of the submissions aforesaid, it is pertinent to mention that one petition under Section 13 of the Hindu Marriage Act, filed by the applicant-Manpreet Kaur, is already pending in the Courts at Kapurthala and the other petition under Section 12 and 13 of HM Act, which is sought to be transferred by way of this application, has been filed by the respondent, Sonu 2025.01.31 14:47 I attest to the accuracy and authenticity of this document

  

which is pending in the Courts at Rajpura. However, since the parties are ready to seek divorce by mutual consent, there is no necessity to transfer the divorce petition, which is pending in the Courts at Rajpura. In the given circumstances, the counsel for the respondent has given a statement that in view of the offer made, for seeking divorce by mutual consent, the respondent shall withdraw the divorce petition, pending before the Rajpura Courts, copy whereof is Annexure P-3, within a period of two weeks from today onwards.

In view of the statement aforesaid, given by the counsel for the respondent, the counsel for the applicant has also given a statement that the applicant does not want to pursue with the transfer application and the same be dismissed as withdrawn.

In view of the statement, given by the counsel for the applicant, the application is hereby dismissed as withdrawn. However, the parties shall remain bound to file the petition under Section 13-B of the Hindu Marriage Act, in the Courts at Kapurthala, where the applicant is residing, within a period of four weeks from today onwards.

(ARCHANA PURI) 31.01.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.01.31 14:47 I attest to the accuracy and authenticity of this document