Mamta v. Parveen Chopra

TA No. 802 of 2019 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH TA No. 802 of 2019 (O&M) Date of decision : 14.10.2019 ...

Mamta ................Applicant vs.

Parveen Chopra .................Respondent Coram: Hon'ble Mr. Justice H. S. Madaan Present: Mr. Rahul Deswal, Advocate for the applicant. None for the respondent.

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H. S. Madaan, J. (Oral) Applicant - Mamta, aged about 31 years, estranged wife of Parveen Chopra, presently residing with her parents at Bahadurgarh, District Jhajjar, on account of matrimonial discord between the parties, by way of filing present application under Section 24 CPC, seeks transfer of divorce petition, filed by her husband, who is respondent in the present application, against her, having title 'Parveen Chopra vs. Mamta' pending in the Court of Additional District Judge, Jind, to a Court of competent jurisdiction at Jhajjar. As per version of the applicant, she alongwith minor son of the parties aged about 5 years, is residing with her parents at Bahadurgarh, District Jhajjar. She does not have any source of income. She has filed a petition under Section 125 Cr.P.C. against the respondent at Jhajjar. She has also lodged an FIR No. 66 dated BANITA CHUGH 2019.10.15 10:39 I am the author of this document

TA No. 802 of 2019 -228.3.2017, for offence under Section 498-A IPC, with Police Line Par Bahadurgarh, Jhajjar, against the respondent at Jhajjar, where challan has been filed and the respondent-accused is facing trial in the Court at Jhajjar. Under the circumstances, it is difficult for the applicant to travel from her parental place to Jind, to attend the dates of hearing in Court there, covering a distance of about 100 kms on one side. Therefore the application be accepted.

Notice of the application was given to the respondent, who was duly served but has not put in appearance to offer a contest. I have heard learned counsel for the applicant, besides going through the record.

Keeping in view the contentions in the application and submissions made by learned counsel for the applicant, I find that ends of justice demand that the application be allowed. Accordingly, the application is accepted. The petition in question pending in the court of Additional District Judge, Jind, is withdrawn from that Court and transferred to the Family Court, Jhajjar, for disposal in accordance with law. Parties through counsel are directed to appear there on 14.11.2019.

A copy of the order be sent to the Courts concerned, for information and necessary compliance.

( H.S. Madaan ) 14.10.2019 Judge chugh Whether speaking / reasoned Yes / No Whether reportable Yes / No BANITA CHUGH 2019.10.15 10:39 I am the author of this document