Maninder Kaur v. Arshraj Singh

101, 204

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CM-10635-CII-2018 in/and TA No. 1056 of 2017 (O/M) Date of decision : 25.5.2018 Maninder Kaur ....... Petitioner

Versus

Arshraj Singh ....... Respondent CORAM :

HON'BLE MR. JUSTICE KULDIP SINGH Present:- Mr. A.S. Dhindsa, Advocate, for non applicant-petitioner.

Mr. Kailash Chander, Advocate, for applicant-respondent.

1.

Whether the Reporters of local newspaper may be allowed to see the judgment ?

2.

To be referred to the Reporter or not.

3.

Whether the judgment should be reported in the digest ? -.- -.- KULDIP SINGH J. (ORAL) CM-10635-CII-2018 Written statement is taken on record.

Application is disposed of.

Main case Heard.

Petitioner seeks transfer of petition, titled Arshraj Singh Versus Maninder Kaur, filed under Section 13 of Hindu Marriage Act, 1955, pending in Court of learned District Judge, Chandigarh, to a Court of competent jurisdiction at Sirsa.

The learned counsel for petitioner states that two cases between parties are already pending at Sirsa Courts, one is under Section 498-A IPC and other is under Section 125 Cr.P.C. There is distance of about 250 kilometers between Chandigarh and Sirsa. Therefore, petitioner is unable

TA No. 1056 of 2017 (O/M) -2- to pursue her case in Chandigarh Courts.

The application has been vehemently opposed by learned counsel for respondent on the ground that witnesses belong to Chandigarh or nearby place. The sister of petitioner is living in Mohali. Earlier, she was serving at Gurgaon, which is also more than 250 kilometers from Sirsa. It is also stated that father of respondent is aged about 70 years and he cannot leave him alone.

Considering that witnesses belong to Chandigarh or nearby place and also considering their convenience and considering the ground put forth by learned counsel for respondent, I do not find any ground to transfer petition from Chandigarh Courts to Sirsa Courts. Consequently, petition is dismissed.

(KULDIP SINGH) JUDGE 25.5.2018 sjks Whether speaking / reasoned :

Yes / No Whether Reportable :

Yes / No