High Court of Punjab and HaryanaTA/831/2015disposed of

Jaswinder Kaur v. Avtar Singh

2016-02-12Mr. Justice S.C. Datta2 pages

-1TA No.831 of 2015

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH TA No.831 of 2015 Date of decision: 12.02.2016 Jaswinder Kaur ....Applicant

Versus

Avtar Singh ....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: - None.

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 9 of the Hindu Marriage Act, 1955 (for short 'the Act') filed by respondenthusband from the Court at Bathinda to the Court of competent jurisdiction at Faridkot.

Despite second call, nobody has put in appearance on behalf of the parties.

I have gone through the paperbook.

It is averred in the application that respondent has filed a petition under Section 9 of the Act, which is pending in the Court of learned Additional Civil Judge (Senior Division), Bathinda. Now applicant is residing with her old parents and minor child at Faridkot. It RAVINDER SINGH 2016.02.18 14:11 I attest to the accuracy and authenticity of this document

-2TA No.831 of 2015 is further submitted that petition under Section 125 Cr.P.C. between the parties is pending before the Family Court, Faridkot. In view of the submissions mentioned in the petition, pendency of other proceedings between the parties at Faridkot and keeping in view the decision of the Hon'ble Supreme Court in Deepti Bhandari v. Nitin Bhandari and another, 2012(1)R.C.R.(Civil) 506, this Court is of the view that it would be in the interest of the respondent as well that all proceedings are tried at one place as he will not be required to appear at difference places on different dates. Accordingly, application is allowed.

Petition under Section 9 of the Act pending in the Court of learned Additional Civil Judge (Senior Division), Bathinda is ordered to be withdrawn and transferred to learned District Judge, Faridkot, who may assign the same to the court of competent jurisdiction there. Learned District Judge, Bathinda shall ensure that entire record of the case is sent to learned District Judge, Faridkot. The parties are directed to appear before learned District Judge, Faridkot on 14.03.2016. Disposed of.

(Paramjeet Singh Dhaliwal) Judge February 12, 2016 R.S.

RAVINDER SINGH 2016.02.18 14:11 I attest to the accuracy and authenticity of this document