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Harpreet Kaur @ Manyata vs Nirmal Singh And Ors on 3 November, 2017


207 TA-468-2017 (OM)
Date of decision: 03.11.2017





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

Mr. Y.S. Turka, Advocate for respondents No.1 to 3.


The applicant prays for transfer of Civil Suit titled Nirmal

Singh and others Vs. Harpreet Kaur and others from the Court of

Additional Civil Judge (Senior Division), Dera Bassi to a Court of

competent jurisdiction at Malerkotla.

Counsel for the applicant has submitted that the applicant was

married to son of Nirmal Singh and Baljeet Kaur in the year 2012 but

unfortunately her husband passed away in December, 2016. Out of her

wedlock, two children were born and they are in custody of the applicant.

She has filed two litigations (Annexures P2 and P3) in which respondents

No.1 to 3 are party in the application under Section 12 of the Protection of

Women from Domestic Violence Act, 2005 pending in the Court at

Malerkotla. It is argued that in view of physical distance between Dera

Bassi and Malerkotla coupled with responsibility of applicant to look after

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TA-468-2017 (OM) -2-

the minor children namely Kanishka and Samardeep, suit for injunction

filed by respondents No.1 to 3 is liable to be transferred to a Court of

competent jurisdiction at Malerkotla.

Counsel for the contesting respondents, on the contrary, would

urge that personal appearance of the applicant is not required on each and

every date of hearing in the suit. The contesting respondents have not

caused appearance in the two litigations stated to be filed by the applicant.

It is undisputed position of the case that the applicant is the

widowed daughter-in-law of Nirmal Singh and Baljeet Kaur. She has

responsibility to look after two minor children who have instituted a petition

under Sections 19 and 20 of the Hindu Adoptions and Maintenance Act,

1956 for grant of maintenance, pending in the Court at Malerkotla. Taking

into consideration inconvenience likely to be caused to the applicant in

contesting the suit pending in the Court at Dera Bassi, in the interest of

substantial justice, the suit is withdrawn from the Court at Dera Bassi and

transferred to the Court of Additional Civil Judge (Sr. Div.), Malerkotla for

proceeding with the matter in accordance with law.

The petition stands disposed of accordingly.

03.11.2017 (REKHA MITTAL)
ashok JUDGE

Whether speaking/reasoned: Yes / No
Whether reportable: Yes / No

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