Punjab-Haryana High Court
Pooja Rani Alias Pooja Malik vs Ajay Kumar on 25 April, 2022
Author: Fateh Deep Singh
Bench: Fateh Deep Singh
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
TA No.393 of 2020 (O&M)
Date of decision: 25th April, 2022
Pooja Rani @ Pooja Malik
... Applicant
Versus
Ajay Kumar
... Respondent
CORAM: HON'BLE MR. JUSTICE FATEH DEEP SINGH
Present: Mr. Mandeep S. Kundu, Advocate for the applicant.
FATEH DEEP SINGH, J. (ORAL)
Petitioner wife Pooja Rani alias Pooja Malik has sough transfer of case No.HMA 927/2019 titled as 'Ajay Kumar vs. Pooja Rani @ Pooja Malik' filed under Section 13 of the Hindu Marriage Act, 1955 for dissolution of marriage by way of decree of divorce (Annexure P1) pending in the Court of learned Principal Judge, Family Court, Jind to a Court of competent jurisdiction at Sonepat.
Notice of the application under Section 24 CPC seeking transfer was given to the respondent who failed to put in appearance.
Upon hearing learned counsel for the applicant and perusing the records of the case. The wife as is her case, is to maintain a girl child aged around three years and has to traverse a distance of 90 km one way, total of 180 kms. More so a maintenance application No.258 of 2018 preferred by the wife under Section 25 Cr.P.C. titled 'Pooja Rani @ Pooja Malik vs. Ajay Mor' is also pending in the Court at Sonepat and 1 of 2 ::: Downloaded on - 28-04-2022 20:32:41 ::: TA No.393 of 2020 (O&M) 2 therefore, it would facilitate attending to both the hearings by the wife who claims that there is no one in the family to look after the small child.
In view of these overwhelming circumstances so canvassed before this Court, there are justifiable grounds to accede to the prayer made. Accordingly, the instant transfer application is allowed. The petition bearing No.HMA 927/2019 titled as 'Ajay Kumar vs. Pooja Rani @ Pooja Malik' under Section 13 of the Hindu Marriage Act, 1955 (Annexure P1) pending in the Court of learned Principal Judge, Family Court, Jind is ordered to be transferred to the District Judge, Sonepat who may keep it himself or entrust it to a Court of competent jurisdiction at Sonepat.
(FATEH DEEP SINGH)
JUDGE
April 25, 2022
rps
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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