High Court of Punjab and HaryanaTA/748/2015disposed of

Mandeep Kaur v. Ravinder Kaur

2016-01-29Mr. Justice S.C. Datta3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 29.01.2016 Mandeep Kaur ....Applicant

Versus

Ravinder Kaur ....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. J.P.S. Sandhu, Advocate, for the applicant. Mr. N.S. Dandiwal, Advocate, for the respondent. ***** PARAMJEET SINGH DHALIWAL, J. (ORAL) Reply on behalf of the respondent, filed in Court today, is taken on record.

Instant petition under Section 24 of the Code of Civil Procedure has been filed seeking transfer of suit for permanent injunction filed by respondent against the applicant from the Court at Ludhiana to the Court of competent jurisdiction at Amritsar. I have heard learned counsel for the parties and perused the record.

Learned counsel for the applicant contended that aforesaid suit is as a consequence of matrimonial dispute. Respondent is the mother-

-2in-law of the applicant. It is further submitted that proceedings under Sections 13 of the Hindu Marriage Act and Section 12 of the Protection of Women from Domestic Violence, Act are pending at Amritsar. Learned counsel for the applicant made reference to the order dated 20.02.2015 passed by this Court in T.A. No.137 of 2015 whereby proceedings under Section 13 of the Hindu Marriage Act have been transferred from Ludhiana to Amritsar.

On the other hand, learned counsel for the respondent vehemently opposed the application for transfer of the suit. Learned counsel for the respondent contended that it is very difficult for the respondent to attend the proceedings at Amritsar as she is old widow lady and is suffering from various ailments.

I have considered the contentions raised by learned counsel for the parties.

In view of the submissions made by learned counsel for the applicant, for the circumstances mentioned in the application and keeping in view the order dated 20.02.2015 passed by this Court in T.A. No.137 of 2015, application is allowed. Suit for permanent injunction filed by the respondent is ordered to be transferred to learned District Judge, Amritsar, who may assign the same to the Court of competent jurisdiction there. Learned District Judge, Ludhiana, shall ensure that entire record of the case is sent to learned District Judge, Amritsar. The parties are directed to appear before the learned District Judge, Amritsar

-3on 23.02.2016.

Disposed of.

(Paramjeet Singh Dhaliwal) Judge January 29, 2016 R.S.