High Court of Punjab and HaryanaTA/936/2021disposed of

Dalwinder Kaur v. Gurpreet Singh

2021-11-10Mrs. Justice Alka Sarin2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH TA-936-2021 (O&M) Date of decision : 10.11.2021 Dalwinder Kaur .....Petitioner(s)

Versus

Gurpreet Singh .....Respondent(s) CORAM: HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. J.S. Mahal, Advocate for the petitioner.

None for the respondent.

**** ALKA SARIN, J. (ORAL) The present petition has been filed under Section 24 of the Code of Civil Procedure, 1908 by the petitioner-wife seeking transfer of the petition i.e.HMA/29/2021 titled as "Gurpreet Singh Vs. Dalwinder Kaur" filed by the respondent-husband under Section 9 of the Hindu Marriage Act, 1955 (for short the 'HM Act') pending in the Court of Principal Judge, Family Court, Faridkot to the Court of competent jurisdiction at Gurdaspur. Learned counsel for the petitioner would contend that the petitioner is residing at Gurdaspur along with her parents and has a minor daughter and she is not in a position to travel approximately a distance of 200 Kms (one way) to Faridkot on each date of hearing to attend the Court proceedings along with her minor daughter.

As per the office report, the respondent-husband stands duly served. However, none has put in appearance on his behalf despite the case being passed over twice. He is, therefore, proceeded against ex parte. Heard learned counsel for the petitioner.

YOGESH SHARMA 2021.11.11 11:31 I attest to the accuracy of this order.

Punjab and Haryana High Court, Chandigarh

TA-936-2021 (O&M) -2In the present case the petitioner is residing at Gurdaspur along with her parents and she is looking after her minor daughter and the distance between the place of residence of the petitioner and the Court at Faridkot is approximately 200 Kms (one way).

Keeping in view the totality of the circumstances as mentioned above, I deem this to be a fit case for transfer of the petition filed by the respondent-husband i.e. HMA/29/2021 titled as "Gurpreet Singh Vs. Dalwinder Kaur" filed by the respondent-husband under Section 9 of the HM Act, pending in the Court of Principal Judge, Family Court, Faridkot to the Court of competent jurisdiction at Gurdaspur. The records of the case shall be sent by the concerned Court at Faridkot to the Court of the learned District Judge, Gurdaspur and the parties shall appear there on 24.11.2021 at 10.00 a.m. The present petition is disposed off in the above terms. ( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO 10.11.2021 Yogesh Sharma YOGESH SHARMA 2021.11.11 11:31 I attest to the accuracy of this order.

Punjab and Haryana High Court, Chandigarh