Rajwant Kaur vs Amrit Singh on 31 July, 2017

TA No.430 of 2017 (OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

TA No. 430 of 2017(OM)

Date of decision: 31.7.2017

Rajwant Kaur ….Applicant

VERSUS

Amrit Singh …..Respondent

CORAM: HON’BLE MRS. JUSTICE REKHA MITTAL

Present: Mr. Achin Gupta, Advocate for the applicant.

Mr. A.S. Sekhon, Advocate for respondent.

*****

REKHA MITTAL, J.(Oral)

Rajwant Kaur, the applicant-wife, prays for transfer of

petition titled Amrit Singh Vs. Rajwant Kaur filed under Section 9 of the

Hindu Marriage Act, 1955 (in short ‘the Act’) by the respondent-husband

in the Court of Additional Civil Judge (Senior Division), Malout.

Counsel for the applicant has submitted that two cases filed by

the applicant namely application under Section 125 of the Code of

Criminal Procedure, 1973 and a complaint under Protection of Women

from Domestic Violence Act, 2005 are pending in the Court at Faridkot.

Another petition filed by the respondent under Guardian and Wards Act,

1890 for custody of the children born out of the wedlock is also pending in

the Court of District Judge, Family Court, Faridkot. It is prayed that the

petition under Section 9 of the Act filed by respondent-husband may be

transferred to the Court of District Judge, Family Court, Faridkot so that

there is no inconvenience for the applicant to attend to the proceedings

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TA No.430 of 2017 (OM) 2

when otherwise the respondent-husband has to come to Faridkot for

attending to the litigation filed at the instance of the applicant and by

himself.

Counsel for the respondent has contested claim of the

READ  Deb Narayan Halder vs Smt. Anushree Halder on 26 August, 2003

applicant.

Concededly, three litigations between the parties are already

pending in the Court at Faridkot. The petition filed by the respondent-

husband under Section 25 of the Guardian and Wards Act, 1890 is pending

in the Court of District Judge, Family Court, Faridkot. Under the

circumstances, the respondent-husband would not suffer any

inconvenience if the petition filed by him under Section 9 of the Act is also

transferred to the Court of District Judge, Family Court, Faridkot.

In view of the above, petition under Section 9 of the Hindu

Marriage Act, 1955, Amrit Singh Vs. Rajwant Kaur is withdrawn from the

Court of Additional Civil Judge (Senior Division), Malout and is

transferred to the Court of District Judge, Family Court, Faridkot. The

District Judge, Family Court, Faridkot is directed to take up both the

petitions under Section 25 of the Guardian and Wards Act, 1890 and

Section 9 of the Hindu Marriage Act, 1955 on the same date.

Disposed of accordingly.

JULY 31, 2017 (REKHA MITTAL)
‘D. Gulati’ JUDGE

Whether speaking/reasoned : yes/no
Whether reportable : yes/no

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