High Court of Punjab and HaryanaTA/783/2015disposed of

Vanita Sharma v. Madan Lal Kaushik

2016-03-15Mr. Justice T.H.B. Chalapathi3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision: 15.3.2016 Vanita Sharma .. Applicant Vs.

Madan Lal Kaushik ... Respondent 2.

Madan Lal Kaushik .. Petitioner Vs.

Vanita Sharma and another ... Respondents 3.

Madan Lal Kaushik .. Petitioner Vs.

Vanita Sharma and another ... Respondents

CORAM:

HON'BLE MR.JUSTICE RAMESHWAR SINGH MALIK

Present:

Mr. Parveen Chauhan, Advocate for the applicant in TA No. 783 of 2015 and for the respondents in CRM-M-3134 and 3136 of 2016.

Mr. Sachin Gupta, Advocate for the respondent in TA No. 783 of 2015 and for the petitioner in CRM-M-3134 and 3136 of 2016. RAMESHWAR SINGH MALIK, J. (Oral) Learned counsel for the parties are ad idem that all these three petitions may be disposed of vide common order, transferring all the litigations pending between the parties to Ambala. In view of the above common stand taken by learned counsel for the parties, all these three petitions are being disposed of together.

Applicant-wife is seeking transfer of petition under Section 13 of the Hindu Marriage Act, 1955, ('HM Act' for short), bearing case No. 37/2015 dated 13.7.2015 titled as Madan Lal Kaushik VS. Vanita Sharma, filed by the husband, at Karnal to a court of competent jurisdiction at Kurukshetra.

Similarly, respondent-husband is seeking transfer of proceedings under Section 125 Cr.P.C. as well as proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005, from Kurukshetra to Karnal.

However, during the course of hearing, learned counsel for the parties have agreed that let all the abovesaid three petitions pending at Karnal and Kurukshetra may be transferred to Ambala. In view of the above, all these three petitions are allowed. Accordingly, learned District Judge, Karnal, is directed to send the

record of case No. 37/2015 dated 13.7.2015 titled as Madan Lal Kaushik Vs. Vanita Sharma to the learned District Judge, Ambala. Similarly, learned District Judge, Kurukshetra, is directed to send the complete record of the petition under Section 125 Cr.P.C. bearing No. 37/2015 dated 14.9.2015 titled as Vanita Sharma and another Vs. Madan Lal and also that of petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005, bearing No. 36/2015 dated 14.9.2015, titled as Vanita Sharma and another Vs. Madan Lal to the learned District Ambala.

The learned District Judge, Karnal, and the learned District Judge, Kurukshetra, are directed to send the complete record of the abovesaid cases to the learned District Judge, Ambala, at an early date but in any case within a period of one month from the date of receipt of certified copy of this order. The learned District Judge, Ambala, is also directed to assign all the cases to the courts of competent jurisdiction, for an early decision, in accordance with law. With the abovesaid observations made and directions issued, all these three transfer applications stand disposed of, however, with no order as to costs.

(RAMESHWAR SINGH MALIK ) JUDGE 15.3.2016 AK Sharma