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Judgments of Supreme Court of India and High Courts

Nisha vs Anand Kumar on 25 September, 2018

108

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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03-10-2018 03:06:02 :::
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Addl.Civil Judge (Sr.Divn.)-2, Ferozepur is withdrawn from the said Court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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03-10-2018 03:06:02 :::

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