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Judgments of Supreme Court of India and High Courts

Manjit Kaur vs Sunil Kumar on 17 September, 2018

TA-390-2018 [1]

108
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

Transfer Application No.390 of 2018
Date of decision: September 17, 2018

Manjit Kaur …Petitioner
Versus
Sunil Kumar …Respondent

CORAM: HON’BLE MR. JUSTICE HARINDER SINGH SIDHU

Present: Mr.Bikramjit Singh Randhawa, Advocate
for the petitioner.

None for the respondent.

***

Harinder Singh Sidhu, J. :

The petitioner-wife has filed the present application under

Section 24 of the Code of Civil Procedure for transfer of the case titled as

“Sunil Kumar vs. Manjit Kaur” under Section 25 of the Guardian and Wards

Act filed by the respondent-husband, which is pending in the Court of Ld.

Civil Judge (Senior Division), Ludhiana, to a court of competent jurisdiction

at SBS Nagar.

It is stated that marriage between the parties was solemnised on

11.3.2012. They have two daughters (twins) namely Rishita and Ridhi, who

are aged about 4½ years.

It is the case of the petitioner that she had been subjected to

harassment and humiliation by the respondent, because of which she was

forced to leave her matrimonial home in 2016. Since then she is residing

with her parents at SBS Nagar. The minor daughters of the petitioner are

also residing with her and studying at SBS Nagar. The petitioner is

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unemployed and wholly dependent on her parents. The petitioner has filed

an application under Section 125 Cr.P.C. which is pending at SBS Nagar. A

criminal case has also been registered against the respondent and his family

members at SBS Nagar.

The respondent, on the other hand, has filed a petition under

Section 25 of the Guardian and Wards Act at Ludhiana. It is stated that the

distance between SBS Nagar and Ludhiana is about 70 kilometers. It is very

difficult for the petitioner in the situation, in which she is, to attend the

proceedings at Ludhiana.

As the respondent did not appear despite service, vide order

dated 31.5.2018, he was proceeded against exparte and the case was

adjourned to 31.7.2018. Thereafter, the case was adjourned to 17.9.2018,

on which date as well, no-one appeared for the respondent. Then, the case

was posted for today, but once again he is not represented.

Keeping in view the aforesaid facts and circumstances, this

petition is allowed. The case bearing No.GW-119 of 2016 titled as “Sunil

Kumar vs. Manjit Kaur” under Section 25 of the Guardian and Wards Act

filed by the respondent-husband, which is presently pending in the Court of

Ld. Civil Judge (Senior Division), Ludhiana is withdrawn from the said

Court and transferred to District SBS Nagar. The District Judge, SBS Nagar

may assign it to any competent Court at SBS Nagar.

September 17, 2018 ( HARINDER SINGH SIDHU )
gian JUDGE

Whether Speaking / Reasoned Yes
Whether Reportable Yes / No

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