Gurpreet Kaur v. Gagandeep Singh

T.A. No. 312 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH T.A. No. 312 of 2018 DATE OF DECISION :- January 15, 2019 Gurpreet Kaur ...Applicant

Versus

Gagandeep Singh

...Respondent

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Amit Maan, Advocate for Mr. Vishal Nehra, Advocate for the applicant. *** Applicant Gurpreet Kaur, aged about 24 years, wife of Gagandeep Singh-respondent, presently residing with her parents at village Kurala Kalan, District Hoshiarpur, by way of filing the instant application seeks transfer of petition under Section 9 of the Hindu Marriage Act filed by her husband Gagandeep Singh against her having title 'Gagandeep Singh Vs. Gurpreet Kaur' stated to be pending before Civil Judge (Sr. Divn.), Ludhiana to the Court of competent jurisdiction at Hoshiarpur. According to the applicant, her marriage with the respondent performed on 21.10.2017, which was a culmination of love affair could not work. She was harassed and maltreated by the respondent and his family members on account of demand of dowry. The applicant had to leave the matrimonial home and start residing with her parents. The respondent has PARVINDER SINGH 2019.01.17 10:10 I attest to the accuracy and integrity of this document Chandigarh

T.A. No. 312 of 2018 filed a petition under Section 9 of the Hindu Marriage Act against her at Ludhiana. She being a young woman, having no source of income, it is difficult for her to travel from Hoshiarpur to Ludhiana to attend the dates of hearing in the Court there, therefore, the application be accepted. Notice of the application was given to the respondent, who as per office report has been served but he has not put in appearance to offer a contest.

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 The petition in question is ordered to be withdrawn from the Civil Judge (Sr. Divn.), Ludhiana and transferred to Family Court at Hoshiarpur for disposal in accordance with law.

The parties through their counsel are directed to appear in the transferee Court on 11.2.2019. Copies of orders be sent to the Court of Civil Judge (Sr. Divn.), Ludhiana as well as to the Family Court at Hoshiarpur for information and necessary compliance.

(H.S. MADAAN) JUDGE January 15, 2019 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2019.01.17 10:10 I attest to the accuracy and integrity of this document Chandigarh