Punjab-Haryana High Court
Tejinder Kaur vs Gurinder Singh on 29 October, 2021
Author: Alka Sarin
Bench: Alka Sarin
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 215 TA No. 801 of 2021 Date of Decision: 29.10.2021 Tejinder Kaur ....Petitioner VERSUS Gurinder Singh .... Respondent 102 TA No. 1050 of 2021 Gurinder Singh ....Petitioner VERSUS Tejinder Kaur .... Respondent CORAM: HON'BLE MRS. JUSTICE ALKA SARIN Present: Mr. A.S. Ahluwalia, Advocate for the petitioner in TA-801-2021 and for the respondent in TA-1050-2021. Mr. Shehbaz Thind, Advocate for the petitioner in TA-1050-2021and for the respondent in TA-801-2021. 36 2s 2k ie 2c 2c oie ALKA SARIN, J. (Oral)
Heard through video conferencing.
Transfer application being TA No.801 of 2021 has been preferred by the wife wherein she has sought the transfer of the petition filed by the husband under Section 13 of the Hindu Marriage Act, 1955 bearing HMA No.1596 of 2020 titled as "Gurinder Singh vs. Tejinder Kaur"
pending in the Court of Additional Principal Judge, Family Court, Ludhiana to the Court of competent jurisdiction at Bathinda.
The second transfer application being TA No.1050 of 2021 has been filed by the husband for transfer of the petition filed by the wife under JITENDER KUMAR 2021.10.30 08:41 | attest to the accuracy and integrity of this document CHANDIGARH TA No. 801 of 2021 -2- Section 125 of the Code of Criminal Procedure, 1973 (for short 'CrPC') bearing MNT No.315 of 2021 pending in the Court of Principal Judge (Family Court), Bathinda and the petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short 'DV Act') bearing case COMA No.2483 of 2021 titled as "Tejinder Kaur vs. Gurinder Singh"', pending in the Court of Judicial Magistrate, Ist Class, Bathinda to the Court of competent jurisdiction at Ludhiana.
The parties hereinafter will be referred to as 'the wife' and 'the husband' for the sake of convenience .
Learned counsel for the wife has contended that the wife is suffering from Polio Paralysis of right lower limb (shortening of the leg) and cannot walk without assistance. He has further contended that the distance between Ludhiana and Bathinda is about 290 kms. back and forth and every time to travel to Ludhiana she requires somebody to travel with her. It has further been contended that even in the left leg she has difficulty as a plate has been inserted in her leg. It is also the contention that two cases filed by the wife i.e. MNT No.315 of 2021 under Section 125 CrPC and COMA No.2483 of 2021 under Section 12 of the DV Act are already pending at Bathinda. Learned counsel has further contended that it is only after the wife has filed the petition (TA No.801 of 2021) for transfer of the case HMA No.1596 of 2020 from Ludhiana to Bathinda that the husband approached this Court for transfer of the cases filed by the wife under Section 125 CrPC and Section 12 of the DV Act from Bathinda to Ludhiana.
Learned counsel appearing for the husband states that the JITENDER KUMAR 2021.10.30 08:41 | attest to the accuracy and integrity of this document CHANDIGARH TA No. 801 of 2021 -3- husband is also a disabled person inasmuch as he also has shortening of the leg. Learned counsel for the husband has, however, very candidly admitted that the husband can walk without any assistance whereas the wife requires assistance to walk. He has, however, contended that the husband is living with his children and 90 years old mother and hence it is difficult for him to travel to Bathinda.
I have heard learned counsel for the parties.
In the present case, the undisputed fact is that two cases filed at the instance of wife are pending at Bathinda bearing MNT No.315 of 2021 under Section 125 CrPC and COMA No.2483 of 2021 under Section 12 of the DV Act. The wife has approached this Court in August, 2021 for transfer of the petition under Section 13 of the Hindu Marriage Act, 1955 bearing HMA No.1596 of 2020 from Ludhiana to Bathinda. It is only thereafter that the husband has approached this Court by filing TA No.1050 of 2021 for transfer of the petitions filed by the wife bearing MNT No.315 of 2021 under Section 125 CrPC and COMA No.2483 of 2021 under Section 12 of the DV Act.
Both the parties in the present case are suffering from Polio Paralysis affecting their lower limbs (shortening of the leg). However, the wife is admittedly not able to walk without assistance whereas the husband is in a position to walk without any assistance.
Keeping in view the condition of the wife and the fact that the two cases are already pending at Bathinda and the fact that the transfer application of the husband bearing TA No.1050 of 2021 has been filed only JITENDER KUMAR 2021.10.30 08:41 | attest to the accuracy and integrity of this document CHANDIGARH TA No. 801 of 2021 -4- after filing of the transfer petition by the wife bearing TA No.801 of 2021, I deem it appropriate to allow TA No.801 of 2021 and transfer the case bearing HMA No.1596 of 2020 filed by the husband under Section 13 of the Hindu Marriage Act, 1955 from Ludhiana to the Court of competent jurisdiction at Bathinda. Consequently, TA No.1050 of 2021 filed by the husband is dismissed.
The records of the case shall be sent by the concerned Court to the Court of learned District Judge, Bathinda and the parties shall appear there on 07.12.2021 (the date fixed in HMA No.1596 of 2020) at 10.00 a.m. ( ALKA SARIN ) JUDGE 29" October, 2021 jk NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO JITENDER KUMAR 2021.10.30 08:41 | attest to the accuracy and integrity of this document CHANDIGARH