Jyoti Kaushik v. Vayuasvatmanu Markendey

TA-837-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH TA-837-2024 Date of decision: 08.11.2024 Jyoti Kaushik ......Petitioner

Versus

Vayuasvatmanu Markendey .....Respondent CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Rajesh Khandelwal, Advocate for the petitioner. Respondent-in-person.

ANIL KSHETARPAL, J (ORAL) Respondent has appeared in person. He has been heard at length. On 18.07.2024, following order was passed by this Court: "The applicant-wife has filed the present application for seeking transfer of the divorce petition, filed at the instance of the respondenthusband, which is pending in Family Court Karnal, to the Court of competent jurisdiction at Hisar. It is submitted by learned counsel that FIR No.379 dated 12.09.2019 under Sections 323, 405, 498-A, 506 and 34 IPC, was got lodged at the instance of the applicant, at Police Station Azad Nagar, District Hisar and trial qua the same is pending in the Courts at Hisar. Even, petition under Section 125 Cr.P.C.

, as well as petition under Section 12 of the Protection of Women from Domestic Violence Act, filed at the instance of the applicant are already pending in the Courts at Hisar. Furthermore, it is also submitted that the applicant is working as PGT in Government Senior Secondary School, Village Satroad Khurd, Hisar and thus, it is difficult for her to defend the divorce petition, filed at the instance of the respondent.

Notice of motion for 24.09.2024.

Notice re: stay as well.

Learned Family Court shall adjourn the case, beyond the date fixed by this Court."

MANOJ KUMAR 2024.11.13 21:17 I attest to the accuracy and authenticity of this order

TA-837-2024 Respondent does not dispute that he is already contesting three different cases, which are pending in the courts at Hisar. Keeping in view the aforesaid facts, case bearing HMA/36/2024 titled as "Vayuasvatmanu Markendey vs. Jyoti Kaushik" filed by respondent-husband under Section 13 of Hindu Marriage Act, 1955 is transferred from the court of Principal Judge, Family Court, Karnal to the competent court of jurisdiction at District Hisar. Parties through their respective counsel are directed to appear before the competent Court at Hisar on 22.11.2024. ( ANIL KSHETARPAL ) JUDGE 08.11.2024 manoj

1. Whether speaking/ reasoned :

Yes /No

2. Whether reportable :

Yes /No MANOJ KUMAR 2024.11.13 21:17 I attest to the accuracy and authenticity of this order