High Court of Punjab and HaryanaTA/39/2018allowed

Ekta v. Gaurav Saxena

2018-12-21Mr. Justice Harminder Singh Madaan2 pages

T.A. No. 39 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH T.A. No. 39 of 2018 DATE OF DECISION :- December 21, 2018 Ekta ...Applicant

Versus

Gaurav Saxena

...Respondent

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Vikas Lochab, Advocate for the applicant. *** According to applicant Ekta, she is deserted wife of respondent Gaurav Saxena, presently residing with her parents at Sonipat. Her husband Gaurav Saxena has filed a petition under Section 9 of the Hindu Marriage Act, 1955 against her which is pending in the Court of Civil Judge (Sr. Division-1), Jalandhar.

On account of the fact that applicant is a young woman of 25 years looking after daughter of the parties, aged about 11⁄2 years, having no source of income, it is difficult for her to go from Sonipat to Jalandhar covering a distance of around 340 kms on one side to attend the dates of hearing in the Court at Jalandhar. Further two more cases between the parties are pending in the Court at Sonipat, therefore, the application be accepted.

PARVINDER SINGH 2018.12.21 14:23 I attest to the accuracy and integrity of this document Chandigarh

T.A. No. 39 of 2018 Notice of the application was given to the respondent, who was 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.

I am of view that the application calls for acceptance, the same is accordingly allowed. The petition in question is ordered to be withdrawn from the Court of Civil Judge (Sr. Division-1), Jalandhar and transferred to the Court of District Judge, Sonipat for disposal in accordance with law. Learned District Judge, Sonipat may retain the petition on his board or assign it to any other Court of competent jurisdiction. The parties through their counsel are directed to appear in the transferee Court on 28.1.2019. Copies of orders be sent to the Court of Civil Judge (Sr. Division-1), Jalandhar as well as to the Court of District Judge, Sonipat for information and necessary compliance. (H.S. MADAAN) JUDGE December 21, 2018 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2018.12.21 14:23 I attest to the accuracy and integrity of this document Chandigarh