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High Court of Punjab and HaryanaTA/1111/2018allowed

Rinky Sharma v. Prashant Kumar Sharma

2019-02-07Lok Adalat Bench - 22 pages

TA No. 1111 of 2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH TA No. 1111 of 2018 (O&M) Date of decision : 7.2.2019 ...

Rinky Sharma ................Applicant vs.

Prashant Kumar Sharma .................Respondent Coram: Hon'ble Mr. Justice H. S. Madaan Present: Mr. Vishal Munjal, Advocate for the applicant. None for the respondent.

...

H. S. Madaan, J. (Oral) Applicant - Rinky Sharma, aged about 34 years, estranged wife of Prashant Kumar, has filed the instant application under Section 24 CPC, seeking transfer of petition under Section 9 of the Hindu Marriage Act, 1955, filed by her husband, who is respondent in the present application, against her, having title 'Prashant Kumar Sharma vs. Rinky Sharma' pending in the Court of Additional Civil Judge (Senior Division), Phagwara, to a Court of competent jurisdiction at Pathankot.

According to the applicant, on account of matrimonial dispute between the spouses, she is residing with her parents at BANITA CHUGH 2019.02.08 10:27 I am the author of this document

TA No. 1111 of 2018 -2Pathankot. The distance between Phagwara and Pathankot is 135 kms on one side. Being a young lady, it is difficult for her to travel that distance, more particularly, when she is taking care of minor son of the parties, aged about 1 year. Therefore the application be accepted. Notice of the application was given to the respondent, who as per the office report, has been duly served, but he has not appeared to offer a contest.

I have heard learned counsel for the applicant, besides going through the record.

Keeping in view the contentions in the application and submissions made by learned counsel for the applicant, I find that ends of justice demand that the application be allowed. Accordingly, the application is accepted. The petition in question pending in the court of Additional Civil Judge (Senior Division), Phagwara, is withdrawn from that Court and transferred to the Court of District Judge, Family Court, Pathankot, for disposal in accordance with law. Parties through counsel are directed to appear there on 8.3.2019.

A copy of the order be sent to the Courts concerned, for information and necessary compliance.

( H.S. Madaan ) 7.2.2019 Judge chugh Whether speaking / reasoned Yes / No Whether reportable Yes / No BANITA CHUGH 2019.02.08 10:27 I am the author of this document