TA-390-2018 [1]
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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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