Jaspreet Uppal v. Vishal Uppal

T.A. No. 976 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH T.A. No. 976 of 2018 DATE OF DECISION :- February 20, 2019 Jaspreet Uppal ...Applicant

Versus

Vishal Uppal

...Respondent

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Amit Jaiswal Advocate for the applicant.

*** Applicant Jaspreet Uppal, aged about 36 years, wife of Vishal Uppal-respondent, presently residing with her parents at Ambala Cantt. by way of filing the instant application seeks transfer of petition under Section 9 of the Hindu Marriage Act filed by her husband Vishal Uppal against her having title 'Vishal Uppal Vs. Jaspreet Uppal' pending in the Court of Principal District Judge (Family Court), Gurugram to the Court of competent jurisdiction at Ambala.

According to the applicant, it was the second marriage for both of them but it did not work on account of cruel treatment given to her by the respondent. She along with minor son had to leave the matrimonial home on 4.8.2018 and the applicant had no other place to go except her parents. As a pressure tactic, the respondent has filed a divorce petition against her. She being a young woman, taking care of minor son from the first marriage, it is difficult for her to travel from Ambala to Gurugram covering a distance of 250 kms on one side, therefore, the application be accepted. Notice of the application was given to the respondent, who as per PARVINDER SINGH 2019.02.22 14:36 I attest to the accuracy and integrity of this document Chandigarh

T.A. No. 976 of 2018 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 The petition in question is ordered to be withdrawn from the Court of Principal District Judge (Family Court), Gurugram and transferred to Family Court at Ambala for disposal in accordance with law. The parties through their counsel are directed to appear in the transferee Court on 18.3.2019. Copies of orders be sent to the Court of Principal District Judge (Family Court), Gurugram as well as to the Family Court at Ambala for information and necessary compliance. (H.S. MADAAN) JUDGE February 20, 2019 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2019.02.22 14:36 I attest to the accuracy and integrity of this document Chandigarh