Karamjit Kaur v. Balwinder Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.235 Date of Decision: 18.10.2024 KARAMJIT KAUR ....Applicant

Versus

BALWINDER SINGH .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Ms. Balpreet K. Sidhu, Advocate for the applicant (through video conferencing).

Mr. Sumeet Pal Singh Sidhu, Advocate for the respondent.

***** ARCHANA PURI, J. (Oral) CM-14786-CII-2023
 

    

 

 

  Main case The applicant-wife has filed the present application for seeking transfer of the petition under Section 9 of the Hindu Marriage Act i.e. DMC/362/2023, titled 'Balwinder Singh Vs. Karamjit Kaur', filed by the

respondent-husband, pending in the Family Court (Camp Court) Phul, District Bathinda and she seeks transfer of the same to the Court of competent jurisdiction at Bathinda.

In pursuance of the notice issued, respondent made appearance through counsel. He submits that reply is not intended to be filed. Rather, the respondent has no objection, if the application is allowed and the petition under Section 9 of the Hindu Marriage Act is transferred to the Courts at Bathinda.

Learned counsel for the parties heard.

It is submitted by the counsel for the applicant that the marriage had taken place between the parties at Rampur Phul, but they never residing together at Phul. The petition under Section 125 Cr.P.C., filed by the applicant is already pending in the Courts at Bathinda. Even, the counsel for the respondent has given a statement that he has no objection, if the application is allowed and the petition under Section 9 of the Hindu Marriage Act, is transferred to the Family Court, Bathinda.

In view of the aforesaid submissions and taking into consideration the convenience of the wife, the application is hereby accepted and the petition under Section 9 of the Hindu Marriage Act i.e. DMC/362/2023, titled 'Balwinder Singh Vs. Karamjit Kaur', filed by the respondent-husband, stands transferred from the Family Court (Camp Court) Phul, to the Court of competent jurisdiction at Bathinda. The requisite record of the aforesaid case be sent by the Family Court (Camp Court) Phul to District and Sessions Judge, Bathinda.

Learned District and Sessions Judge, Bathinda, shall assign the said petition to the Family Court, Bathinda. Even, the parties are directed to appear before the Family Court, Bathinda, within a period of one month from today onwards.

(ARCHANA PURI) 18.10.2024 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No