IN THE HIGH COURT OF PUNJAB AND HARYANA
T.A. No. 98-2018 (OM)
Date of decision : 16.5.2018
Gulvinder @ Chetna Chauhan ……. Petitioner
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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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.
Whether speaking / reasoned Yes
Whether Reportable: No
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