High Court of Punjab and HaryanaTA/688/2015disposed of

Krishna Mehta v. Prem Kumar Mehta

2016-01-15Mr. Justice S.C. Datta2 pages

-1TA No.688 of 2015

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH TA No.688 of 2015 Date of decision: 15.01.2016 Krishna Mehta ....Petitioner

Versus

Prem Kumar Mehta ....Respondent CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH DHALIWAL 1) Whether Reporters of the local papers may be allowed to see the judgment ?

2) To be referred to the Reporters or not ?

3) Whether the judgment should be reported in the Digest ? Present: - Mr. Rajesh Arora, Advocate, for the petitioner. None for the respondent.

PARAMJEET SINGH DHALIWAL, J. (ORAL) Instant petition under Section 24 of the Code of Civil Procedure has been filed seeking transfer of petition under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act') for for dissolution of marriage filed by respondent-husband, from the Court at Kaithal to the Court of competent jurisdiction at Kurukshetra. Learned counsel for the petitioner contended that respondent has filed a petition under Section 13 of the Act at Kaithal, which is pending in the Court of learned Additional District Judge, Kaithal. Now petitioner is at Kurukshetra. It is further contended that proceedings under Section 125 Cr.P.C., Section 12 of the Protection of Women from Domestic Violence Act, 2005 and a civil suit are also pending at RAVINDER SINGH 2016.01.25 10:39 I attest to the accuracy and authenticity of this document

-2TA No.688 of 2015 Kurukshetra.

Despite service, none has appeared on behalf of the respondent to oppose this petition.

In view of the submissions made by learned counsel for the petitioner and judgment of Hon'ble Supreme Court in Deepti Bhandari v. Nitin Bhandari and another, 2012(1)R.C.R.(Civil) 506, it would be easier for the respondent-husband to attend the proceedings in Kurukshetra than for the petitioner to attend the same in Kaithal. Therefore, petition under Section 13 of the Act pending in the Court of learned Additional District Judge, Kaithal, is ordered to be transferred to learned District Judge, Kurukshetra, who may assign the same to the Court of competent jurisdiction there. Learned District Judge, Kaithal, shall ensure that entire record of the case is sent to learned District Judge, Kurukshetra. Concerned Court shall inform the counsel for the respondent regarding transfer of the case. The parties are directed to appear before the learned District Judge, Kurukshetra on 17.02.2016. Disposed of.

(Paramjeet Singh Dhaliwal) Judge January 15, 2016 R.S.

RAVINDER SINGH 2016.01.25 10:39 I attest to the accuracy and authenticity of this document