Rajdip Kaur vs Sarmukh Singh on 5 September, 2017

203 In the High Court of Punjab and Haryana at Chandigarh
T.A.No. 346 of 2017(OM)
Date of Decision: 5.9.2017

Rajdip Kaur

—Applicant
versus

Sarmukh Singh
—Respondent

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

Ludhiana.

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-

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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withdrawn from the Court of Additional District Judge-III, Kapurthala and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.

(Rekha Mittal)
Judge
5.9.2017
PARAMJIT

Whether speaking/reasoned : Yes/No

Whether reportable : Yes/No

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