Punjab-Haryana High Court
Sandeep Kaur vs Dilbagh Singh on 22 December, 2021
Author: Alka Sarin
Bench: Alka Sarin
JITENDER KUMAR 2021.12.23 11:38 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 205 TA No.984 of 2021 Date of Decision: 22.12.2021 Sandeep Kaur ....Petitioner VERSUS Dilbagh Singh ....Respondent CORAM: HON'BLE MRS. JUSTICE ALKA SARIN Present: Mr. Anand Kaushal, Advocate for the petitioner. None for the respondent. 24 3c oe 2s 2s 2c 24 ALKA SARIN, J. (Oral)
Heard through video conferencing.
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 (for short 'HM Act') being HMA/76/2020 titled as "Dilbagh Singh vs. Sandeep Kaur" pending in the Court of Additional Principal Judge, Family Court (Camp Court) at Batala, District Gurdaspur to the Court of competent jurisdiction (Camp Court) at Ajnala, District Amritsar.
AS per service report, the respondent-husband stands duly served. However, none has put in appearance on his behalf. Even on the last date none had appeared on behalf of the respondent. He is, therefore, proceeded against ex parte. Learned counsel for the petitioner would contend that marriage of the petitioner with the respondent was solemnized on 07.12.2011 and out of the said wedlock two children were born, who are residing with the respondent- husband. Learned counsel for the petitioner would further contend that the petitioner-wife is residing with her old aged widowed mother in village Mukam, Tehsil Ajnala, District Amritsar and in order to attend the proceedings before the Family Court (Camp Court) at Batala, District Gurdaspur she would have to travel a distance of more than 60 kms (one way). It is further the I attest to the accuracy and integrity of this document Chandigarh JITENDER KUMAR 2021.12.23 11:38 TA No.984 of 2021 -2- contention that the petitioner-wife has initiated two petitions i.e. (i) under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short 'DV Act'); and (ii) under the Hindu Minority and Guardianship Act, 1956 read with the provisions of Guardians and Wards Act, 1890 (for short "GW Act"), which are already pending before the Courts at Ajnala. The petitioner is also stated to be having no independent source of income and, hence, it is pleaded that it would be very difficult for her to travel to Batala.
I have heard learned counsel for the petitioner.
Keeping in mind the fact that the petitioner-wife in the present case is residing at village Mukam, Tehsil Ajnala, District Amritsar and would have to travel a distance of more than 60 kms (one way) in order to attend the proceedings before the Family Court (Camp Court) at Batala on every date of hearing as also the fact that two petitions initiated by the petitioner-wife i.e. (i) under Section 12 of the DV Act; and (ii) under the Hindu Minority and Guardianship Act, 1956 with the provisions of GW Act, are already pending before the Courts at Ajnala, District Amritsar, I deem it appropriate to allow the present petition and to transfer the petition filed by the respondent-husband Section 9 of the HM Act being HMA/76/2020 titled as "Dilbagh Singh vs. Sandeep Kaur" pending in the Court of Additional Principal Judge, Family Court (Camp Court) Batala, District Gurdaspur to the Court of competent jurisdiction (Camp Court) at Ajnala, District Amritsar.
The records of the case shall be sent by the concerned Court at Gurdaspur to the Court of the learned District Judge, Amritsar and the parties shall appear there on 19.01.2022 (the date fixed in HMA/76/2020) at 10.00 a.m. The present petition is disposed off in the above terms.
( ALKA SARIN ) JUDGE 22"¢ December, 2021 jk NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO I attest to the accuracy and integrity of this document Chandigarh