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High Court of Punjab and HaryanaTA/295/2013allowed

Rajni v. Ashok Kumar

2015-04-28Mr. Justice Krishna Murari2 pages

TA-295-2013 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH TA-295-2013 (O&M).

Decided on: April 28, 2015.

Rajni ..... Petitioner(s)

Versus

Ashok Kumar ..... Respondent(s) * * *

CORAM:

HON'BLE MR. JUSTICE M.M.S. BEDI PRESENT Mr.Rajiv Joshi, Advocate, for the petitioner.

Mr.Vivek Thakur, Advocate, for the respondent.

M.M.S. BEDI, J (ORAL) This is a petition for transfer of divorce petition filed under Section 13 of the Hindu Marriage Act pending in the Court of Additional District Judge, Ropar, to the Court of competent jurisdiction at Jalandhar, on the ground of convenience. Counsel for the respondent has opposed the application for transfer contending that no prejudice will be caused to the petitioner in case the proceedings for divorce are permitted to continue at Ropar.

After hearing the counsel for the parties, it appears that a criminal case under Sections 406 & 498-A IPC; petition under Section 9 of the Hindu Marriage Act; petition under Section 12 of the Protection of Women from Domestic Violence Act; and petition under Section 125 Cr.P.C., are pending at Jalandhar. Since the respondent RAJ KUMAR ARORA 2015.04.30 12:27 I attest to the accuracy and integrity of this document

TA-295-2013 (O&M) is required to be represented in above said litigation at Jalandhar and the application for restitution of conjugal rights filed by the petitioner is to be decided along with petition under Section 13 of the Hindu Marriage Act, it will be expedient in the interest of justice, to transfer the petition under Section 13 of the Hindu Marriage Act titled "Ashok Kumar Vs. Rajni" H.M.A. Case No.14 of 28.2.2013, from Ropar to Jalandhar.

The petition is allowed. It is ordered that the petition under Section 13 of the Hindu Marriage Act titled "Ashok Kumar Vs. Rajni" will be transferred from the Court of Additional District Judge, Ropar to the Court of District Judge, Jalandhar. The parties are directed to appear before the District Judge, Jalandhar on 23.5.2015. It will be open to the District Judge, Jalandhar, to entrust the case to the Court of competent jurisdiction.

File, complete in all respects, be sent to the Court of District Judge, Jalandhar, well before the date fixed. (M.M.S. BEDI) April 28, 2015.

JUDGE rka