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High Court of Punjab and HaryanaTA/290/2018dismissed

Leeju v. Jethu Ram

2019-02-06Mr. Justice Harminder Singh Madaan2 pages

T.A. No. 290 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH T.A. No. 290 of 2018 DATE OF DECISION :- February 06, 2019 Leeju ...Applicant

Versus

Jethu Ram and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Shailendra Sharma, Advocate for the applicant. *** Applicant Leeju, by way of moving the present application seeks transfer of civil suit titled as 'Jethu Ram Vs. Leeju and others' pending in the Court of Additional Civil Judge (Sr. Divn.), Nihal Singh Wala, District Moga to the Court of competent jurisdiction at Bathinda for the reason that Jethu Ram is her father-in-law and the civil suit filed has its genesis in the matrimonial dispute between the applicant and her husband. The applicant had lodged the F.I.R. against her husband and others and against that background the civil suit has been filed. The applicant does not have any source of income and is totally dependent upon her parents for day-to-day needs. It is difficult for her to travel from Nihal Singh Wala to Bathinda covering a distance of 100 kms, therefore, the application be accepted.

Notice of the application was given to respondent no. 1 who PARVINDER SINGH 2019.02.08 15:01 I attest to the accuracy and integrity of this document Chandigarh

T.A. No. 290 of 2018 was served but he did not appear.

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

I have perused copy of plaint which has been placed on record as Annexure P1 and I find that the said matter has no direct nexus with any matrimonial dispute with the applicant. The suit is of civil nature, where presence of applicant on each and every date of hearing is not necessary and she can put in appearance through counsel. In case, she has got financial constraints, she can apply and get a legal aid counsel appointed to represent her in those proceedings.

There is no ground to allow the application, therefore, the same stands dismissed.

(H.S. MADAAN) JUDGE February 06, 2019 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2019.02.08 15:01 I attest to the accuracy and integrity of this document Chandigarh