TA No.430 of 2017 (OM) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
TA No. 430 of 2017(OM)
Date of decision: 31.7.2017
Rajwant Kaur ….Applicant
VERSUS
Amrit Singh …..Respondent
CORAM: HON’BLE MRS. JUSTICE REKHA MITTAL
Present: Mr. Achin Gupta, Advocate for the applicant.
Mr. A.S. Sekhon, Advocate for respondent.
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REKHA MITTAL, J.(Oral)
Rajwant Kaur, the applicant-wife, prays for transfer of
petition titled Amrit Singh Vs. Rajwant Kaur filed under Section 9 of the
Hindu Marriage Act, 1955 (in short ‘the Act’) by the respondent-husband
in the Court of Additional Civil Judge (Senior Division), Malout.
Counsel for the applicant has submitted that two cases filed by
the applicant namely application under Section 125 of the Code of
Criminal Procedure, 1973 and a complaint under Protection of Women
from Domestic Violence Act, 2005 are pending in the Court at Faridkot.
Another petition filed by the respondent under Guardian and Wards Act,
1890 for custody of the children born out of the wedlock is also pending in
the Court of District Judge, Family Court, Faridkot. It is prayed that the
petition under Section 9 of the Act filed by respondent-husband may be
transferred to the Court of District Judge, Family Court, Faridkot so that
there is no inconvenience for the applicant to attend to the proceedings
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TA No.430 of 2017 (OM) 2
when otherwise the respondent-husband has to come to Faridkot for
attending to the litigation filed at the instance of the applicant and by
himself.
Counsel for the respondent has contested claim of the
applicant.
Concededly, three litigations between the parties are already
pending in the Court at Faridkot. The petition filed by the respondent-
husband under Section 25 of the Guardian and Wards Act, 1890 is pending
in the Court of District Judge, Family Court, Faridkot. Under the
circumstances, the respondent-husband would not suffer any
inconvenience if the petition filed by him under Section 9 of the Act is also
transferred to the Court of District Judge, Family Court, Faridkot.
In view of the above, petition under Section 9 of the Hindu
Marriage Act, 1955, Amrit Singh Vs. Rajwant Kaur is withdrawn from the
Court of Additional Civil Judge (Senior Division), Malout and is
transferred to the Court of District Judge, Family Court, Faridkot. The
District Judge, Family Court, Faridkot is directed to take up both the
petitions under Section 25 of the Guardian and Wards Act, 1890 and
Section 9 of the Hindu Marriage Act, 1955 on the same date.
Disposed of accordingly.
JULY 31, 2017 (REKHA MITTAL)
‘D. Gulati’ JUDGE
Whether speaking/reasoned : yes/no
Whether reportable : yes/no
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