Punjab-Haryana High Court
Pooja Gupta vs Neeraj Kumar on 10 February, 2020
Author: Arun Monga
Bench: Arun Monga
T.A NO. 625 OF 2019 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
T.A NO. 625 OF 2019
DATE OF DECISION : 10.02.2020
Pooja Gupta
...Applicant
versus
Neeraj Kumar
...Respondent
CORAM : HON'BLE MR. JUSTICE ARUN MONGA
Present : Mr. Rohit Kaushik, Advocate,
for the applicant.
None for the respondent.
ARUN MONGA, J. (ORAL)
The present petition has been filed by the applicant-wife seeking transfer of a petition filed by her husband under Section 13 of the Hindu Marriage Act, 1955, titled as "Neeraj Kumar v. Pooja Gupta"
from Family Court, Faridabad to any other Court of competent jurisdiction at Ambala.
2. Learned counsel for the applicant submits that applicant is residing with her parents. Two daughters were born out of the wedlock. One younger daughter is in the custody of applicant. She has no source of income. She does not own any movable or immovable property. It is very difficult for her to travel from Faridabad to Ambala on each and every date of hearing.
3. Despite service, no one has put in appearance on behalf of the respondent. Hence, this Court is of the view that respondent/ husband is deemed to have consented the present transfer application by not contesting the same.
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4. I have heard learned counsel for the applicant and have gone through records of the case.
5. In the premise, present application is allowed. The petition in question pending before Family Court, Faridabad is ordered to be withdrawn from that Court and is transferred to District Judge, Ambala for its disposal in accordance with law by the Court concerned.
(ARUN MONGA) JUDGE FEBRUARY 10, 2020 shalini
1. Whether speaking/reasoned : Yes/No
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