Gurpreet Kaur Alias Sweety vs Gurpreet Singh on 7 October, 2017

TA No.842 of 2017 (OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

TA No. 842 of 2017(OM)

Date of decision: 7.10.2017

Gurpreet Kaur @ Sweety ….Applicant

VERSUS

Gurpreet Singh …..Respondent

CORAM: HON’BLE MRS. JUSTICE REKHA MITTAL

Present: Mr. K.S. Derabassi, Advocate for the applicant.

*****

REKHA MITTAL, J.(Oral)

The applicant prays for transfer of petition filed under Section

11 of the Hindu Marriage Act, 1955 (in short ‘the Act’) titled Gurpreet

Singh Vs. Gurpreet Kaur @ Sweety by the respondent-husband from the

Court at Patiala to a Court of competent jurisdiction at S.A.S. Nagar,

Mohali.

Counsel for the applicant has submitted that application under

Section 125 Cr.P.C. filed by the applicant is pending in the Court at Dera

Bassi. FIR No.322 dated 22.09.2017 under Sections 406, 498A of IPC has

been got registered by the applicant against the respondent at Police

Station Zirakpur, District S.A.S. Nagar and the application for grant of bail

in anticipation of arrest is pending in the Court at Mohali. It is further

submitted that the applicant being a deserted lady residing with her

widowed mother needs to be granted indulgence for transfer of the case

from Patiala to S.A.S. Nagar Mohali.

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TA No.842 of 2017 (OM) 2

The applicant is a resident of village Peer Muchhalla, P.O.

Dhakoli, Tehsil Dera Bassi. The distance between village of the applicant

and the Court at Mohali is approximately 21 KMs. On the other side,

distance between her village and Patiala is approximately 65 KMs. Under

the circumstances, it is appropriate that the petition is allowed to continue

at the place where the same is filed. However, applicant is at liberty to file

an appropriate application for issuance of directions in the light of

judgment of Hon’ble the Supreme Court Krishna Veni Nagam Vs.

Harish Nagam, 2017 (2) RCR (Civil) 358. In case such an application is

filed by the applicant, the same shall be disposed of by the Court below

before proceeding further with the matter.

With the aforesaid observations, the petition stands disposed

of.

OCTOBER 7, 2017 (REKHA MITTAL)
‘D. Gulati’ JUDGE

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

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