203 In the High Court of Punjab and Haryana at Chandigarh
T.A.No. 346 of 2017(OM)
Date of Decision: 5.9.2017
Coram: Hon’ble Mrs. Justice Rekha Mittal
Present: Mr. Avtar Singh Khinda, Advocate
for the applicant
Rekha Mittal, J.
Prayer in this application is for transfer of Petition No. 60 dated
17.2.2017 titled “Sarmukh Singh vs. Rajdip Kaur” under Section 13 of the
Hindu Marriage Act, 1955 (in short “the Act”) from the Court of Additional
District Judge-III, Kapurthala to a Court of competent jurisdiction at
Counsel for the applicant has submitted that earlier the
applicant filed T.A.No. 169 of 2017 for transfer of petition under Section
25 of the Guardians and Wards Act, 1890 from Kapurthala to Ludhiana and
the said application after hearing counsel for the parties was allowed by this
Court vide order dated 27.4.2017 passed by a Co-ordinate Bench. It is
further submitted that neither the order dated 27.4.2017 has been challenged
before Hon’ble the Supreme Court of India nor there is any change in the
status of the parties since 27.4.2017, therefore, the aforesaid petition may be
transferred from Kapurthala to Ludhiana.
The respondent has not caused appearance to controvert the
T.A.No. 346 of 2017(OM) -2-
1 of 2
10-09-2017 12:15:34 :::
allegations raised in the petition or to draw any distinction between the facts
of the case at hand and that of the transfer application allowed by this Court
vide order dated 27.4.2017.
In view of the above, Petition No. 60 dated 17.2.2017 titled
“Sarmukh Singh vs. Rajdip Kaur” under Section 13 of the ACT is
withdrawn from the Court of Additional District Judge-III, Kapurthala and
transferred to the Court of District Judge, Ludhiana. The District Judge,
Ludhiana may keep the matter on his Board or transfer it to any other Court
of competent jurisdiction at Ludhiana. The transferee Court shall proceed
with the matter, in accordance with law.
Disposed of accordingly.
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
2 of 2
10-09-2017 12:15:35 :::