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High Court of Punjab and HaryanaTA/930/2021allowed

Sonia v. Paviterpal Singh

2022-07-11Mr. Justice Arvind Singh Sangwan2 pages

TA-930-2021 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

TA-930-2021 (O&M).

Decided on: 11.07.2022.

Sonia .. Petitioner

VERSUS

Paviterpal Singh .. Respondent * * *

CORAM:

HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN * * * PRESENT Mr.Umesh Aggarwal, Advocate, for the petitioner.

Mr.S.K.Arya, Advocate, for the respondent.

ARVIND SINGH SANGWAN , J. (ORAL ) CM-3410-CII-2022 Prayer in this application is for placing on record copy of applications for seeking restoration and copies of order dated 1.12.2021 and 11.11.2021.

For the reasons stated in the application, the same is allowed. Annexures P-2 to P-5 are permitted to be taken on record. Main case Prayer in this petition is for transfer of the petition filed by the respondent-husband under Section 13 of the Hindu Marriage Act, titled as "Paviterpal Singh Vs. Sonia" HMA No.84 of 2021, pending in the Court of learned Principal Judge, Family Camp Court, at Batala, to the competent Court of jurisdiction at Amritsar.

RAJ KUMAR ARORA 2022.07.14 10:16 I attest to the accuracy and integrity of this document

TA-930-2021 (O&M) Counsel for the petitioner submits that no child was born out of this wedlock and the petitioner has already instituted a petition under Section 125 Cr.P.C. as well as execution under Section 128 Cr.P.C., though the same was dismissed for non-prosecution on account of noting wrong date and now an application has been moved for restoration of the same. It is submitted that husband is having good income whereas the petitioner-wife is not having any source of income and it is very difficult for her to travel to and fro to attend the Court proceedings for which she has to take the help of a male family member.

The facts could not be disputed by the counsel for the respondent.

Accordingly, the present petition is allowed. The petition filed by the respondent-husband under Section 13 of the Hindu Marriage Act, titled as "Paviterpal Singh Vs. Sonia" HMA No.84 of 2021, pending in the Court of learned Principal Judge, Family Camp Court, at Batala, will be transferred to the competent Court of jurisdiction at Amritsar. The parties are directed to appear before the District Judge, Amritsar, on 8.8.2022. It will be open to the District Judge, Amritsar, to entrust the case to the Court of competent jurisdiction. File, complete in all respects, be sent to the Court of District Judge, Amritsar, well before the date fixed. July 11, 2022. (ARVIND SINGH SANGWAN) raj arora JUDGE Whether speaking / reasoned Yes / No Whether reportable Yes / No RAJ KUMAR ARORA 2022.07.14 10:16 I attest to the accuracy and integrity of this document