Rakhi Sharma v. Gagandeep Bhargav

T.A. No. 654 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH T.A. No. 654 of 2018 DATE OF DECISION :- February 21, 2019 Rakhi Sharma ...Applicant

Versus

Gagandeep Bhargav

...Respondent

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Sushant Kareer, Advocate for the applicant. *** Applicant Rakhi Sharma, aged about 23 years, wife of Gagandeep Bhargav-respondent, presently residing with her parents at Jalandhar on account of matrimonial discord between the spouses by way of filing the instant application seeks transfer of petition under Section 9 of the Hindu Marriage Act filed by her husband Gagandeep Bhargav against her having title 'Gagandeep Bhargav Vs. Rakhi Sharma' wrongly mentioned as 'Rakhi Sharma Vs. Gagandeep Bhargav' in the head note of the application pending in the Court of Civil Judge (Sr. Divn.), Amritsar to the Court of competent jurisdiction at Jalandhar.

According to the applicant, the marriage between the parties performed on 1.3.2016 ran into rough weather. The couple was not blessed with any child. The applicant had to leave the matrimonial home and start residing with her parents at Jalandhar. As a pressure tactic, the respondent has filed petition in question against her. The applicant being a young woman, taking care of minor daughter of the parties, having no source of income, it is difficult for her to travel from Jalandhar to Tarn Taran covering PARVINDER SINGH 2019.02.22 15:09 I attest to the accuracy and integrity of this document Chandigarh

T.A. No. 654 of 2018 a distance of more than 100 kms on one side, therefore, the application be accepted.

Notice of the application was given to the respondent, who as per office report has been duly served but he has not turned up to 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 The petition in question is ordered to be withdrawn from the Court of Civil Judge (Sr. Divn.), Amritsar and transferred to Family Court at Jalandhar for disposal in accordance with law. The parties through their counsel are directed to appear in the transferee Court on 20.3.2019. Copies of orders be sent to the Court of Civil Judge (Sr. Divn.), Amritsar as well as to the Family Court at Jalandhar for information and necessary compliance.

(H.S. MADAAN) JUDGE February 21, 2019 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2019.02.22 15:09 I attest to the accuracy and integrity of this document Chandigarh