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High Court of Punjab and HaryanaCRM-M/41436/2025dismissed

Rekha Chhoker And Others v. Parveen Chhoker

2025-08-02Mr. Justice Alok Jain2 pages

CRM-M-41436-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (104) CRM-M-41436-2025 Date of Decision:- 02.08.2025 Rekha Chhoker and others ......Petitioners

Versus

Parveen Chhokar ......Respondent

CORAM:

HON'BLE MR. JUSTICE ALOK JAIN ****

Present:

Mr. Pardeep Balyan, Advocate for the petitioners.

**** ALOK JAIN, J. (Oral) 1.

The present petition has been filed inter alia praying for transfer of the petition filed under Section 125 Cr.P.C. seeking maintenance from respondent, who happens to be the husband of petitioner No. 1 and father of petitioners No. 2 and 3.

2.

Learned counsel for the petitioner submits that the petition bearing No. MNT/52 dated 14.02.2024 under Section 125 Cr.P.C. was filed by the petitioner herself at Panipat. Petitioner and her two minor school going children are dependent upon the parents of petitioner. Learned counsel further submits that the petitioners have taken a house on rent in Sonipat on 19.03.2025 as per the rent agreement (Annexure P-2), therefore, now the present petition has been filed seeking transfer, as it is difficult for the petitioner and her school going children to attend the Court proceedings at Panipat.

3.

Heard learned counsel for the petitioner and perused the record.

PARUL 2025.08.05 17:04 I attest to the accuracy and authenticity of this document

CRM-M-41436-2025 4.

It is a very strange case that the petition under Section 125 Cr.P.C. has been listed before the learned Court below for almost eight times and now when the matter has reached at the stage of evidence, the petitioner after almost more than one and a half year is seeking transfer of petition from Panipat to Sonipat.

5.

Moreover, when the present petition was filed, the address given by the petitioner was of Saharanpur, Uttar Pradesh. The petitioner was not having any problem at the time of filing of petition from Saharanpur, Uttar Pradesh, which is much far off from Sonipat but now she seeks transfer of petition.

6.

The present petition does not seems to be filed with any bona fide intention as the only ground taken is that the petitioner has minor school going children. The said factual aspect was same when the petitioner had filed the petition under Section 125 Cr.P.C. and there are no change in circumstances, and nothing is coming forth as to what is the immediate reason for seeking such transfer.

7.

In light of the above, finding no merit in the present petition and accordingly, the same stands dismissed.

(ALOK JAIN) JUDGE 02.08.2025 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No PARUL 2025.08.05 17:04 I attest to the accuracy and authenticity of this document