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Gulvinder @ Chetna Chauhan vs Dinesh Kumar on 16 May, 2018

214

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

T.A. No. 98-2018 (OM)
Date of decision : 16.5.2018

Gulvinder @ Chetna Chauhan ……. Petitioner
Versus
Dinesh Kumar ……. Respondent

CORAM : HON’BLE MR. JUSTICE KULDIP SINGH
Present:- Ms. Bhavna Thakur, Advocate for the petitioner.

Mr. Namit Khurana, Advocate for the respondent.

1. Whether the Reporters of local newspaper may be allowed to
see the judgment ?

2. To be referred to the Reporter or not.

3. Whether the judgment should be reported in the digest ?

KULDIP SINGH J. (ORAL)

This is a petition filed under Section 24 of the Code of Civil

Procedure, 1908, seeking transfer of the petition filed under Section 13 of

the Hindu Marriage Act, 1955 in case No. HMA-628 dated 15.11.2016

titled as “Dinesh Kumar versus Gulvinder @ Chetna Chauhan” pending

in the Court of learned District Judge, Yamuna Nagar to a Court of

competent jurisdiction at Ambala.

Learned counsel for the petitioner contends that an FIR and

two cases under the Guardians and Wards Act, 1890 between the parties are

already pending at Ambala Courts. He further submits that one minor child

is also residing with the petitioner-wife and it is difficult for her to travel

from Ambala to pursue her case at Yamuna Nagar Courts.

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T.A. No. 98 -2018 -2-

It comes out that petition under Section 13 of the Hindu

Marriage Act, 1955 was filed in November 2016. Petitioner was also

appearing before the Yamuna Nagar Courts. Now, the case is fixed for the

evidence of the petitioner. Petitioner-wife has absented hereby from the

proceedings and has been proceeded against ex-parte.

Since the case is fixed for evidence and is likely to be decided

shortly and the fact that witness(s) is also belonging to Yamuna Nagar, no

ground to transfer the petition from Yamuna Nagar Courts to Ambala

Courts is made out.

Dismissed.

(KULDIP SINGH)
JUDGE
16.5.2018
preeti
Whether speaking / reasoned Yes
Whether Reportable: No

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