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.
1 of 2
12-10-2017 01:31:34 :::
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
2 of 2
12-10-2017 01:31:35 :::