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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA
AT CHANDIGARH
TA No.706 of 2018
Date of decision : 25.09.2018
Nisha
… Petitioner
Versus
Anand Kumar
…. Respondent
CORAM: HON’BLE MR.JUSTICE HARINDER SINGH SIDHU
Present:- Mr.Ram Kumar Saini, Advocate
for the petitioner.
Mr.Anand Kumar, respondent in person.
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
“Anand Kumar Vs. Nisha” under Section 25 of Guardian and Wards Act
(Annexure P-1) filed by the respondent-husband, which is pending in the
court of learned Addl.Civil Judge (Sr.Divn.)-2, Ferozepur to a court of
competent jurisdiction at Ambala.
It is stated that marriage between the parties was solemnized on
4.2.2013. A male child namely Bhavik was born to the parties on 28.1.2014.
The petitioner has been residing in the house of her parents at Ambala since
23.12.2017. Two cases filed by the petitioner; one under Section 125
Cr.P.C. and another under Sections 12, 18, 19, 20, 21, 22 and 23 of the
Protection of Women from Domestic Violence Act are pending before the
Courts at Ambala. It is further stated that the petitioner is unemployed and
wholly dependent on her old aged parents. It is difficult for her to attend the
Court proceedings at Ferozepur, which is at a distance of about 230 kms
from Ambala, particularly, in view of the fact that she has a minor son, who
is school going.
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TA No.706 of 2018 [2]
Keeping in view the aforesaid facts and circumstances,
this petition is allowed. The case titled as “Anand Kumar Vs. Nisha” under
Section 25 of Guardian and Wards Act (Annexure P-1) filed by the
respondent-husband, which is presently pending in the court of learned
Addl.Civil Judge (Sr.Divn.)-2, Ferozepur is withdrawn from the said Court
and transferred to District Ambala. The District Judge, Ambala may assign
it to a competent Court at Ambala.
(Harinder Singh Sidhu)
Judge
25.09.2018
sd
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
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