Kuldeep Kaur v. Gurpreet Singh

T.A. No. 1118 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH T.A. No. 1118 of 2018 DATE OF DECISION :- January 31, 2019 Kuldeep Kaur ...Applicant

Versus

Gurpreet Singh

...Respondent

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Chetan Kapoor, Advocate for Mr. Rakesh Gupta, Advocate for the applicant. *** Applicant Kuldeep Kaur, aged about 24 years, wife of Gurpreet Singh-respondent, presently residing with her parents at Ambala Cantt., District Ambala on account of matrimonial discord with her husband is seeking transfer of petition under Section 13(1)(ia) of the Hindu Marriage Act filed by her husband Gurpreet Singh against her having title 'Gurpreet Singh Vs. Kuldeep Kaur' pending in the Court of Additional District and Sessions Judge, Patiala to the Court of competent jurisdiction at Ambala. According to the applicant, she is residing with her parents along with minor daughter of the parties, aged about 2 years. She does not have any source of income. It is difficult for her to travel from Ambala to Patiala covering a distance of 60 kms on one side. She has filed a petition under Section 125 Cr.P.C. against her husband seeking maintenance which PARVINDER SINGH 2019.01.31 15:48 I attest to the accuracy and integrity of this document Chandigarh

T.A. No. 1118 of 2018 is pending in the Court at Ambala, therefore, the application be accepted. Notice of the application was given to the respondent, who as per report has been duly served but has not opted to appear and 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 in which I find merit in absence of any strong circumstance to the contrary, it would be proper and appropriate if the application is accepted, the same is accordingly allowed. The petition in question is ordered to be withdrawn from the Court of Additional District and Sessions Judge, Patiala and transferred to Family Court at Ambala for disposal in accordance with law. The parties through their counsel are directed to appear in the transferee Court on 6.3.2019. Copies of orders be sent to the Court of Additional District and Sessions Judge, Patiala as well as to the Family Court at Ambala for information and necessary compliance. (H.S. MADAAN) JUDGE January 31, 2019 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2019.01.31 15:48 I attest to the accuracy and integrity of this document Chandigarh