T.A. No. 749 of 2018 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
T.A. No. 749 of 2018
DATE OF DECISION :- February 15, 2019
Satish Kumar …Respondent
CORAM: HON’BLE MR. JUSTICE H.S. MADAAN
Present:- Mr. Karanjeet Singh Brar, Advocate for the applicant.
Applicant Nirmaljeet, aged about 29 years, estranged wife of
Satish Kumar-respondent, presently residing with her parents at Ferozepur
due to matrimonial discord between the parties by way of filing the present
petition seeks transfer of petition under Section 13 (1) (a) (ib) of the Hindu
Marriage Act, 1955 filed by her husband Satish Kumar against her having
title ‘Satish Kumar Vs. Nirmaljeet’ pending in the Court of District Judge,
Chandigarh to the Court of competent jurisdiction at Ferozepur.
According to the applicant the marriage performed between the
parties on 16.2.2014 at Ferozepur ran into rough weather. The couple was
not blessed with any child. The applicant was turned out of the matrimonial
home and she had no other place to go except house of her parents. She has
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T.A. No. 749 of 2018 2
filed a private complaint under Sections 307, 323, 406, 498A, 120B IPC
against the respondent and his family members which is pending in the
Court of Chief Judicial Magistrate, Ferozepur, She has also filed a petition
under Section 125 Cr.P.C. against the respondent seeking grant of monthly
maintenance allowance. In addition to that she has brought a complaint
under Section 12 of Protection of Women from Domestic Violence Act,
2005 pending in the Court at Ferozepur. As a counter blast the respondent
has got divorce petition against her. The applicant being a young women,
having no source of income, it is difficult for her to travel from Ferozepur to
Chandigarh covering a distance of about 240 kms on one side so as to attend
the dates of hearing there, as such the application be accepted.
Notice of the application was given to the respondent, who as per
office report has been duly served but he has not turned up to offer a contest.
I have heard learned counsel for the applicant besides going
through the record.
Keeping in view the contentions in the application and
submissions made by learned counsel for the applicant in which I find merit
in absence of any strong circumstance to the contrary, it would be proper
and appropriate if the application is accepted, the same is accordingly
allowed. The petition in question is ordered to be withdrawn from the Court
of District Judge, Chandigarh and transferred to the Court of District Judge,
Ferozepur for disposal in accordance with law. Learned District Judge,
Ferozepur may retain the petition on his board or assign it to any other
Court of competent jurisdiction.
The parties through their counsel are directed to appear in the
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T.A. No. 749 of 2018 3
transferee Court on 15.3.2019. Copies of orders be sent to the Court of
District Judge, Chandigarh as well as to the Court of District Judge,
Ferozepur for information and necessary compliance.
February 15, 2019
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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