SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Lovepreet Kaur vs Bhupinder Singh on 15 January, 2019

TA No. 1023 of 2018 -1-

IN THE HIGH COURT OF PUNJAB HARYANA AT CHANDIGARH

TA No. 1023 of 2018 (OM)
Date of decision : 15.1.2019

Lovepreet Kaur
…………….Applicant

vs.

Bhupinder Singh
……………..Respondent

Coram: Hon’ble Mr. Justice H. S. Madaan

Present: Mr. Rahul Rampal, Advocate for the applicant.

H. S. Madaan, J. (Oral)

Applicant – Lovepreet Kaur, aged about 33 years, estranged

wife of Bhupinder Singh – respondent, presently residing with her

parents at Village Battari, Tehsil and District Ludhiana, by way of

filing the present application under Section 24 CPC, is seeking

transfer of divorce petition filed by her husband, against her, having

title ‘Bhupinder Singh vs. Lovepreet Kaur’ pending in the Court of

Additional District Judge, Jalandhar, to a Court of competent

jurisdiction at Ludhiana.

According to the applicant, she was married with respondent

on 15.10.2008. Thereafter both spouses started residing together and

the applicant had given birth to two children i.e. one daughter aged

1 of 3
20-01-2019 10:31:51 :::
TA No. 1023 of 2018 -2-

9 years, namely, Nimarta Kaler and one son aged 5 years, namely

Nikash, from the loins of respondent. However, the spouses could not

pull on together and a matrimonial discord arose between then.

Applicant alongwith minor children of the parties, left the

matrimonial home and started residing with her parents at village

Battari, Tehsil and District Ludhiana. She has filed a petition under

Section 12 of the Domestic Violence Act in the Court at Ludhiana.

Respondent had filed a petition under the Guardian and Wards Act at

Jalandhar. However, it was returned by the said Court for lack of

territorial jurisdiction. The respondent has filed the divorce petition at

Jalandhar, to pressurise the applicant. There is no adult male member

in the family to accompany the applicant to attend the dates of

hearing in Court at Jalandhar. The applicant does not have any source

of income and is dependent upon her widowed old aged mother. The

applicant having financial constraints with no adult male member in

the family to accompany her and required to take care of minor

children of the parties, it is difficult for her to travel from her parental

place to Jalandhar, covering a distance of about 80 kms on one side,

to attend the dates of hearing there, as such the application be

accepted.

Notice of the application was given to the respondent, who

has been duly served, but has not opted to offer the contest.

I have heard learned counsel for the applicant, besides going

through the record.

Keeping in view the assertions in the application and

submissions made by learned counsel for the applicant, I find that

2 of 3
20-01-2019 10:31:51 :::
TA No. 1023 of 2018 -3-

ends of justice demand that the application should be accepted.

Accordingly, the application is accepted. The petition in

question pending in the court of Additional District Judge, Jalandhar,

is withdrawn from that Court and transferred to the Family Court, at

Ludhiana, for disposal in accordance with law. Parties through

counsel are directed to appear there on 8.2.2019.

A copy of the order be sent to the Courts concerned, for

information and necessary compliance.

( H.S. Madaan )
15.1.2019 Judge
chugh

Whether speaking / reasoned Yes / No

Whether reportable Yes / No

3 of 3
20-01-2019 10:31:51 :::

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation