Sonia Dhiman v. Sohan Lal

TA No. 220 of 2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH TA No. 220 of 2018 (O&M) Date of decision : 7.2.2019 ...

Sonia Dhiman ................Applicant vs.

Sohan Lal .................Respondent Coram: Hon'ble Mr. Justice H. S. Madaan Present: Mr. C.S. Sharma, Advocate for the applicant. None for the respondent.

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H. S. Madaan, J. (Oral) CM No. 2767-CII-2019 This is an application for correction/modification of petition, so as to correct the number and title of petition, in the head note and prayer clause.

Heard.

Allowed.

The application stands disposed of accordingly. Registry is directed to carry out the necessary correction Main case.

Applicant - Sonia Dhiman, aged about 28 years, wife of

TA No. 220 of 2018 -2Sohan Lal, presently residing with her parents at Kapurthala, on account of marital dispute between the spouses, by way of filing the instant application under Section 24 CPC, is 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 'Sohan Lal vs. Sonia Dhiman' pending in the Court of Additional Civil Judge (Senior Division) Dera Bassi, Mohali, to a Court of competent jurisdiction at Kapurthala. According to the applicant, she belongs to a poor family and is having financial constraints to meet the travelling expenses. Being a young woman, it is difficult for her to go from Kapurthala to Dera Bassi, covering a distance of 200 kms on one side to attend the dates of hearing in Court at Dera Bassi. Further she apprehends harassment and physical harm at the hands of respondent, if she goes to Dera Bassi in connection with attending the dates of hearing. Therefore, the application be accepted.

Notice of the application was given to the respondent, who had put in appearance through counsel and at his request the matter was referred to Mediation and Conciliation Centre of this Court. However, mediation did not prove to be successful. A report in that regard was received in this Court. Thereafter, respondent stopped putting in appearance.

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

TA No. 220 of 2018 -3ends 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), Dera Bassi, Mohali, is withdrawn from that Court and transferred to the Court of District Judge, Kapurthala, who may retain the case on his board or assign it to any other Court of competent jurisdiction 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