T.A. No. 391 of 2018 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
T.A. No. 391 of 2018
DATE OF DECISION :- February 06, 2019
Amanjot Kaur …Applicant
Versus
Ranjit Singh …Respondent
CORAM: HON’BLE MR. JUSTICE H.S. MADAAN
Present:- Mr. Rishav Jain, Advocate for the applicant.
***
By way of filing the present application, applicant Amanjot
Kaur, aged about 24 years, wife of Ranjit Singh-respondent, presently
residing with her parents at Village Roshanwala, Tehsil Bhawanigarh,
District Sangrur seeks transfer of petition under Section 9 of the Hindu
Marriage Act, 1955 filed by her husband Ranjit Singh against her having
title ‘Ranjeet Singh Vs. Amanjot Kaur’ pending in the Court of Additional
Civil Judge (Sr. Division), Patiala to the Court of competent jurisdiction at
Sangrur.
Interalia in the application it is contended that the marriage
between the parties was performed on 22.1.2017. Thereafter they started
residing together. The marriage was not consummated on account of
impotency of respondent-husband. Even then respondent and his family
members treated the applicant with cruelty in connection with demand of
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T.A. No. 391 of 2018 2
more dowry. The applicant had to leave the matrimonial home and start
residing with her parents. She has lodged an F.I.R. for offences under
Sections 498A and 506 IPC against the respondent and his family members
with Police Station Sadar Sangrur. She has also filed a petition under
Section 12 of the Hindu Marriage Act for annulment of marriage, which is
also pending in the Court at Sangrur. As a pressure tactic the respondent has
filed petition in question against her. The applicant having no source of
income, it is difficult for her to travel from her parental place to Patiala
covering a distance of about 65 kms on one side so as to attend the dates of
hearing there. Moreover, two cases between the parties are pending before
the Court at Sangrur, as such the application be accepted.
Notice of the application was given to the respondent, who was
duly served but did not opt to appear and offer a contest.
I have heard learned counsel for the applicant besides going
through the record.
Keeping in view the contentions in the application and
submissions made by learned counsel for the applicant in which I find merit
in absence of any strong circumstance to the contrary, it would be proper
and appropriate if the application is accepted, the same is accordingly
allowed. The petition in question is ordered to be withdrawn from the Court
of Additional Civil Judge (Sr. Division), Patiala and transferred to the Court
of District Judge, Sangrur for disposal in accordance with law. Learned
District Judge, Sangrur may retain the petition on his board or assign it to
any other Court of competent jurisdiction.
The parties through their counsel are directed to appear in the
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T.A. No. 391 of 2018 3
transferee Court on 8.3.2019. Copies of orders be sent to the Court of
Additional Civil Judge (Sr. Division), Patiala as well as to the Court of
District Judge, Sangrur for information and necessary compliance.
(H.S. MADAAN)
JUDGE
February 06 2019
p.singh
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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