IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
207 TA-468-2017 (OM)
Date of decision: 03.11.2017
HARPREET KAUR @ MANYATA …Applicant
Versus
NIRMAL SINGH AND ORS. …Respondents
CORAM: HON’BLE MRS. JUSTICE REKHA MITTAL
Present : Mr. S.K. Singla, Advocate for the applicant.
Mr. Y.S. Turka, Advocate for respondents No.1 to 3.
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REKHA MITTAL, J. (Oral)
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substantial justice, the suit is withdrawn from the Court at Dera Bassi and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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