High Court of Punjab and HaryanaTA/826/2018allowed

Santoshi Rani v. Sunil Kumar

2019-01-31Mr. Justice Harminder Singh Madaan2 pages

T.A. No. 826 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH T.A. No. 826 of 2018 DATE OF DECISION :- January 31, 2019 Santoshi Rani ...Applicant

Versus

Sunil Kumar

...Respondent

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Gurdarshan S. Sidhu, Advocate for the applicant. *** Applicant Santoshi Rani, aged about 28 years wife of Sunil Kumar-respondent, presently residing with her parents at Village PakhoKanchian, Tehsil and District Barnala on account of matrimonial discord with her husband, by way of filing the instant application seeks transfer of petition under Section 13 of the Hindu Marriage Act filed by her husband Sunil Kumar against her having title 'Sunil Vs. Santoshi' pending in the Court of Additional Sessions Judge, Kaithal to the Court of competent jurisdiction at Barnala contending that it is difficult for her to travel from her parental village to Kaithal covering a distance of 150 kms on one side 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 was duly served through his father but not opted to offer a contest. PARVINDER SINGH 2019.01.31 15:48 I attest to the accuracy and integrity of this document Chandigarh

T.A. No. 826 of 2018 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 The petition in question is ordered to be withdrawn from the Court of Additional Sessions Judge, Kaithal and transferred to Family Court at Barnala for disposal in accordance with law.

The parties through their counsel are directed to appear in the transferee Court on 6.3.2019. Copies of orders be sent to the Court of Additional Sessions Judge, Kaithal as well as to the Family Court at Barnala for information and necessary compliance.

(H.S. MADAAN) JUDGE January 31, 2019 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2019.01.31 15:48 I attest to the accuracy and integrity of this document Chandigarh