High Court of Punjab and HaryanaTA/960/2022disposed of

Harinder Singh v. Gurpreet Kaur

2022-10-18Mr. Justice Arvind Singh Sangwan2 pages

TA No.960 of 2022 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH TA No.960 of 2022 (O&M) Date of decision: 18.10.2022 Harinder Singh ....Petitioner

Versus

Gurpreet Kaur ....Respondent CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:

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

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

ARVIND SINGH SANGWAN J. (Oral) Prayer in this petition is for transfer of the petition filed under Section 13 of the Hindu Marriage Act, pending in the Family Court, Jalandhar to the competent Court of jurisdiction at Amritsar. Counsel for the petitioner has argued that on account of a matrimonial discord, the respondent/wife has filed a petition under Section 13 of the Hindu Marriage Act at Jalandhar. Counsel for the petitioner has further submitted that in view of the order passed in TA No.

1251 of 2022, vide order of even date, the petition filed by the respondent/wife under Section 9 of the Hindu Marriage Act has been transferred from Amritsar to Kapurthala, therefore, this petition filed under Section 13 of the Hindu Marriage is to be tried together with the petition filed under Section 9 of the Hindu Marriage Act and therefore, the same be transferred from the Family Court, Jalandhar to Principal Judge, Family Court, Kapurthala. Counsel for the respondent has, however, not disputed the MOHD YAKUB 2022.10.

TA No.960 of 2022 (O&M) factual position.

After hearing the counsel for the parties, considering the fact that the connected petition i.e. TA No.1251 of 2022, has already been allowed vide order of even date on the basis of the consent given by the parties, this Court deem it appropriate to allow the present petition, subject to the following conditions:-

1. The petition filed under Section 13 of the Hindu Marriage Act, pending before the Family Court, Jalandhar will be transferred to the competent Court of jurisdiction at Kapurthala.

2. The District Judge, Kapurthala, will assign the said petition to the competent Court of jurisdiction.

3. The Family Court, Jalandhar is directed to transfer all the record pertaining to the aforesaid case to District Judge, Kapurthala.

4. The parties are directed to appear before the trial Court, Kapurthala, within a period of 01 month from today.

5. The Family Court, Kapurthala will make all endeavour to refer the case before the Mediation and Conciliation Centre for exploring the possibility of some amicable settlement between the parties.

6. The Court concerned, where the litigation pending between the parties, will accommodate them with one date in one calendar month.

Disposed of.

(ARVIND SINGH SANGWAN) JUDGE 18.10.2022 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MOHD YAKUB 2022.10.19 15:15 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh