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High Court of Punjab and HaryanaTA/1083/2021allowed

Luxmi Bagga v. Rishabh Verma

2022-03-09Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH TA-1083-2021 Decided on : 09.03.2022 Luxmi Bagga ...... Petitioner

Versus

Rishabh Verma ...... Respondent CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Ms. S.G. Kapila, Advocate for the petitioner.

Mr. Raman Kumar, Advocate for Mr. Jagjit Grewal, Advocate for the respondent.

**** Manjari Nehru Kaul, J.(Oral) Instant petition has been filed under Section 24 of CPC for transfer of HMA Case DMC/1363/29-7-2019 filed under Section 13 of Hindu Marriage Act, 1955 for dissolution of marriage by way of decree of divorce titled as Luxmi Bagga vs. Rishabh Verma pending in Court of Principal Judge, Family Court, Patiala to any competent Court at Hoshiarpur.

Learned counsel for the petitioner submits that the petitionerwife after filing a divorce petition went to New Zeland for her livelihood after giving the power of attorney to her father. While going to New Zeland, she left behind her minor daughter with her parents in Hoshiarpur. As such, the petitioner is now proceeding through her father, who is living in Hoshiarpur. She further submits that since the distance between Patiala and Hoshiarpur is 168 km one side, it is very difficult for her parents, who are senior citizens, to travel 336 km in a single day on each and every date of hearing, more so, with the minor daughter of the petitioner. She, SONIA BURA 2022.03.10 13:54 I attest to the accuracy and authenticity of this document chandigarh

TA-1083-2021 -2therefore, prays for transfer to divorce petition titled as "Luxmi Bagga vs. Rishabh Verma" from Patiala to Hoshiarpur.

On being put to notice, learned counsel for the respondent put in appearance. At the very outset, he does not oppose the prayer made by learned counsel for the petitioner for transfer of divorce case filed under Section 13 of Hindu Marriage Act, 1955.

In the circumstances, the ends of justice would be met in case the present petition is allowed.

Accordingly, the present petition is allowed. The petition HMA Case DMC/1363/29-7-2019 filed under Section 13 of Hindu Marriage Act, 1955 for dissolution of marriage by way of decree of divorce titled as Luxmi Bagga vs. Rishabh Verma pending in the Court of Principal Judge, Family Court, Patiala is withdrawn from that Court and transferred to the Court of competent jurisdiction at Hoshiarpur for disposal in accordance with law. The parties through their counsel are directed to appear before the Court concerned at Hoshiarpur on 07.04.2022.

(MANJARI NEHRU KAUL) JUDGE 09.03.2022 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2022.03.10 13:54 I attest to the accuracy and authenticity of this document chandigarh