Punjab-Haryana High Court
Priya Garg vs Manpreet Singh on 26 November, 2021
Author: Alka Sarin
Bench: Alka Sarin
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 216 TA No.1060 of 2021 Date of Decision: 26.11.2021 Priya Garg ....Petitioner VERSUS Manpreet Singh .... Respondent CORAM: HON'BLE MRS. JUSTICE ALKA SARIN Present: Mr. Amit Goyal, Advocate for the petitioner. Mr. Varlin Garg, Advocate for the respondent. 3 3 of 26 2k 3K ok ALKA SARIN, J. (Oral)
Heard in physical mode.
The present petition under Section 24 of the Code of Civil Procedure, 1908 has been filed by the petitioner-wife seeking transfer of the petition filed by the respondent-husband under Section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'HM Act') being HMA/628/2021 titled as "Manpreet Singh vs. Priya Garg" pending in the Court of the Principal Judge, Family Court, Sangrur to the Court of competent jurisdiction at SAS Nagar, Mohali (Camp at Derabassi).
Learned counsel for the petitioner would contend that the petitioner was thrown out of the matrimonial home after showing her a copy of the order passed by this Court in CRWP-217-2020 to show that the respondent was in live-in-relationship with one Neha Nagpal and they had filed the said petition before this Court for protection and marriage. However, the said petition was dismissed vide order dated 10.01.2020. The petitioner is now residing with her parents at Zirakpur, District SAS Nagar JITENDER KUMAR 2021.11.27 09:02 | attest to the accuracy and integrity of this document CHANDIGARH TA No.1060 of 2021 -2- (Mohali) and would have to travel a distance of 130 kms. (one way) in order to defend the case filed by the respondent-husband under Section 9 of the HM Act at Sangrur.
Learned counsel for the respondent has vehemently opposed the present petition on the ground that there is no other case pending at Derabassi which may have been initiated by the petitioner and that only the petition under Section 9 of the HM Act filed by the respondent is pending at Sangrur. He is, however, not in a position to deny the fact that the respondent had approached this Court along with one Neha Nagpal by filing CRWP-217-2020 for protection on the ground that he was in live-in- relationship with the said Neha Nagpal.
I have heard learned counsel for the parties.
In the present case, the admitted facts are that the petitioner was thrown out or compelled to leave the matrimonial home when the respondent showed her a copy of the order passed by this Court in CRWP-217-2020 wherein the respondent-husband had sought protection along with one Neha Nagpal on the ground that he was in live-in-relationship with her. It has also not been denied by learned counsel for the respondent that the distance between Sangrur and Zirakpur, District SAS Nagar (Mohali) is about 130 kms. (one way).
In view of the above and keeping in mind the fact that the petitioner-wife in the present case is residing at Zirakpur, District SAS Nagar (Mohali) and would have to travel a distance of 260 Kms. (to and fro) in order to attend the proceedings before the Family Court at Sangrur on JITENDER KUMAR 2021.11.27 09:02 | attest to the accuracy and integrity of this document CHANDIGARH TA No.1060 of 2021 -3- every date of hearing, I deem it appropriate to allow the present petition and to transfer the petition filed by the respondent-husband under Section 9 of the HM Act being HMA/628/2021 titled as "Manpreet Singh vs. Priya Garg" pending in the Court of the Principal Judge, Family Court, Sangrur to the Court of competent jurisdiction at SAS Nagar, Mohali (Camp at Derabassi) .
The records of the case shall be sent by the concerned Court at Sangrur to the Court of the learned District Judge, SAS Nagar (Mohali) and the parties shall appear there on 04.03.2022 (the next date fixed in HMA/628/2021) at 10.00 a.m. However, it is made clear that any observation made herein shall not be treated as expression of opinion on the merits of the case.
The present petition is disposed off in the above terms.
( ALKA SARIN ) JUDGE 26" November, 2021 jk NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO JITENDER KUMAR 2021.11.27 09:02 | attest to the accuracy and integrity of this document CHANDIGARH