Kamaljit Kaur v. Amandeep Singh

T.A. No. 674 of 2018 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH T.A. No. 674 of 2018 (O&M) DATE OF DECISION :- December 02, 2019 Kamaljit Kaur ...Applicant

Versus

Amandeep Singh

...Respondent

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Munish Garg, Advocate for the applicant.

*** Applicant Kamaljit Kaur, aged about 30 years, estranged wife of Amandeep Singh-respondent, presently residing at her parental place at Barnala 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 Amandeep Singh against her having title 'Amandeep Singh Vs. Kamaljit Kaur' pending in the Court of Civil Judge (Sr. Divn.), Sangrur to the Court of competent jurisdiction at Barnala.

According to the applicant, the marriage performed between the parties on 4.6.2014 ran into rough weather. On account of demand of more dowry by the respondent and his family members, she had to leave the matrimonial home and start residing at her parental place. The applicant is taking care of minor daughter of the parties namely Sukhdeep Kaur, aged about 3 years. The respondent has filed the petition in question just to harass the applicant. She does not have any source of income. . It is difficult for her PARVINDER SINGH 2019.12.06 15:46 I attest to the accuracy and integrity of this document Chandigarh

T.A. No. 674 of 2018 (O&M) to travel from her parental place to Sangrur covering a distance of about 70 kms on one side so as 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 duly served but 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 The petition in question is ordered to be withdrawn from the Court of Civil Judge (Sr.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.), Sangrur and transferred to Family Court at Barnala for disposal in accordance with law.

The parties are directed to appear in the transferee Court on 20.12.2019. Copies of orders be sent to the Court of Civil Judge (Sr. Divn.), Sangrur as well as to the Family Court at Barnala for information and necessary compliance.

(H.S. MADAAN) JUDGE December 02, 2019 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2019.12.06 15:46 I attest to the accuracy and integrity of this document Chandigarh