Richa v. Mandeep Singh

T.A. No. 921 of 2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH T.A. No. 921 of 2018 (O&M) Date of decision : 5.12.2018 ...

Richa ................Petitioner vs.

Mandeep Singh .................Respondent Coram: Hon'ble Mr. Justice H. S. Madaan Present: Ms. Kamanjot Kaur, Advocate for Ms. Himani Kapila, Advocate for the petitioner. ...

H. S. Madaan, J. (Oral) Applicant-petitioner Richa has filed the instant application seeking transfer of petition under Section 9 of the Hindu Marriage Act, filed by her husband Mandeep Singh - respondent, titled as 'Mandeep Singh vs. Richa', pending in the Court of Additional Civil Judge (Senior Division) Mukerian, District Hoshiarpur, to the Court of competent jurisdiction at Gurdaspur. The reason given in the application seeking transfer of the petition is that she is residing with her parents at Kalanaur, District Gurdaspur having the custody of two minor children of the parties. She is required to take care of such children and being a woman, it is difficult for her to travel to a BANITA CHUGH 2018.12.05 16:33 I am the author of this document

T.A. No. 921 of 2018 -2distance of more than 50 kms to attend the date of hearing in the Courts at Mukerian. Therefore, the application be accepted. Notice of the application was given to the respondent, who has been duly served through her mother, but has not opted to put in appearance to contest the application.

I have heard learned counsel for the applicant-petitioner, besides going through the record.

Keeping in view the contentions raised in the application and submissions made by the learned counsel for the applicant, I find sufficient reasons to accept the application. Accordingly the same is allowed.

The petition in question is ordered to be withdrawn from the Court of Additional Civil Judge (Senior Division) Mukerian, District Hoshiarpur and transferred to the Court of District Judge, Gurdaspur, who may retain the case on his Board or assign it to any other Court of competent jurisdiction at that place. Parties through counsel are directed to appear there on 15.1.2019.

A copy of the order be sent to the District and Sessions Judge, Hoshiarpur, District and Sessions Judge, Gurdaspur, for necessary compliance.

( H.S. Madaan ) 5.12.2018 Judge chugh Whether speaking / reasoned Yes / No Whether reportable Yes / No BANITA CHUGH 2018.12.05 16:33 I am the author of this document