Punjab-Haryana High Court
Manpreet Kaur Wife Of Lakhwinder Singh ... vs Lakhwinder Singh Son Of Bachittar Singh on 28 August, 2012
Author: K. Kannan
Bench: K. Kannan
TA No.183 of 2011(O&M) [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
TA No.183 of 2011(O&M)
Date of Decision: 28.08.2012
Manpreet Kaur wife of Lakhwinder Singh daughter of Labh
Singh son of Santa Singh, resident of village Mansoorwal Dona,
Tehsil and District Kapurthala.
... Appellant
Versus
Lakhwinder Singh son of Bachittar Singh, resident of village
Beguwala, Tehsil and District Faridkot.
... Respondents
CORAM: HON'BLE MR. JUSTICE K. KANNAN
Present: Mr. D.S. Sandhu, Advocate,
for the petitioner.
Mr. Ashok Gupta, Advocate,
for the respondent.
*****
1.Whether reporters of local papers may be allowed to
see the judgment? NO
2.To be referred to the reporters or not? NO
3.Whether the judgment should be reported in the
digest? NO
K. KANNAN, J. (Oral)
1. The petition for transfer is sought at the instance of the wife in respect of matrimonial proceedings initiated by the husband before the District Court at Faridkot. The petitioner would contend that there is already a petition filed for maintenance against her husband under Section 125 Cr.P.C. before the District Court at Kapurthala and she is living under indigent circumstances and that it would be difficult for her to undertake the expenses of travel and suffer the inconvenience TA No.183 of 2011(O&M) [2] of having to go to Faridkot and contest the case. The counsel appearing on behalf of the respondents says that the wife has left the in-laws house at her own wish leaving the child back and the child aged 11 years is now being taken care of only by him. Although, the boy is a minor and is still in the custody of father, I do not think that the father could be inconvenienced to undertake his journeys to Kapurthala where the case was to be transferred. This is all more so, in a situation, the wife pleads indigence and cites the case of maintenance being pending before the Court at Kaputhala. I find the reason sufficient for a transfer.
2. The matrimonial proceedings between the same parties in the Court at Faridkot is ordered to be withdrawn and transferred to the District Court at Kapurthala for disposal in accordance with law. The party may secure appropriate and convenient dates having regard to the pendency of a case already at Kapurthala and if any request is made before the Presiding Officer, the same shall be considered, to arrange the dates with reference to the dates of posting for the case under Section 125 Cr.P.C.
3. The transfer application is ordered on the above terms. The parties shall appear before the District Court at Kapurthala on 15.09.2012.
28th August, 2012 ( K. KANNAN ) Rajan JUDGE