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Ramanpreet Kaur vs Gurpreet Singh Sekhon on 26 September, 2018

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA
AT CHANDIGARH
113
TA No.613 of 2018 (OM)
Date of decision : 26.09.2018
Ramanpreet Kaur
…Petitioner
Versus

Gurpreet Singh Sekhon
….Respondent.
CORAM: HON’BLE MR.JUSTICE HARINDER SINGH SIDHU

Present:- Mr.Harjot Singh Mann, Advocate
for the petitioner.
Mr. Vipul Aggarwal, Advocate
for the respondent.

Harinder Singh Sidhu, J.

Petitioner (wife) has filed the present petition under Section 24

of the Code of Civil Procedure for transfer of the petition under Section 9 of

the Hindu Marriage Act, 1955 titled as “Gurpreet Singh Sekhon Vs.

Ramanpreet Kaur” (HMA No.07 of 2018) and petition under Sections 7 and

25 of the Guardian and Wards Act, 1890 titled as Gurpreet Singh Sekhon

Vs. Ramanpreet Kaur” (G.W. No.2 of 2018) filed by the respondent

(husband) which are pending before learned Addl. Civil Judge (Sr.Divn.),

Baba Bakala Sahib to a court of competent jurisdiction at Ludhiana.

It is stated that marriage of the petitioner with respondent was

solemnized on 9.11.2003. From this wedlock, two children i.e. one daughter

and one son were born on 07.08.2005 and 31.7.2012 respectively. The case

of the petitioner is that soon after the marriage, respondent and his family

members started harassing her for demand of dowry, because of which, she

was left with no option but to leave her matrimonial home and she started

living with her parents at Ludhiana.

Petitioner filed a petition under Section 13 of the Hindu

Marriage Act on 24.4.2017 which is pending in the court of learned Addl.

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TA No.613 of 2018 (OM) [2]

District Judge, Ludhiana. Thereafter, respondent has filed the petitions,

transfer whereof has been sought.

It is stated that the petitioner is posted as Principal at R.P.S.

Public School Ghatal Mahaniwas Dharuhera, Bhiwadi (Haryana) and she is

living there along with her children. It is very difficult for the petitioner to

attend the court proceedings at Baba Bakala Sahib (Amritsar) which is at a

distance of more than 300 km from Bhiwadi (Haryana) where she is

working and residing.

Learned counsel for the respondent states that the respondent

is working as Branch Manager in IDBI Bank. Presently, he is posted at

Jammu. He further states that there is no justification for transfer of the

aforesaid two petitions from Baba Bakala Sahib to Ludhiana as the

petitioner is not residing there but she is posted at Bhiwadi (Haryana).

Learned counsel for the petitioner contends that after being

thrown out of her matrimonial home, the petitioner has been staying with

her parents at Ludhiana. He further states that it is only because of her job,

the petitioner is residing along with her children at Bhiwadi (Haryana). It is

further stated that the respondent is already appearing at Ludhiana in the

petition under Section 13 of the Hindu Marriage Act filed by the petitioner.

Considering the facts and circumstance of the case, it is deemed

appropriate that the petitions under Section 9 of the Hindu Marriage Act,

1955 titled as “Gurpreet Singh Sekhon Vs. Ramanpreet Kaur” (HMA No.07

of 2018) and petition under Sections 7 and 25 of the Guardian and Wards

Act, 1890 titled as Gurpreet Singh Sekhon Vs. Ramanpreet Kaur” (G.W.

No.2 of 2018) filed by the respondent (husband) be transferred from Baba

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TA No.613 of 2018 (OM) [3]

Bakala Sahib to Ludhiana.

Accordingly, this petition is allowed. The petitions under

Section 9 of the Hindu Marriage Act, 1955 titled as “Gurpreet Singh Sekhon

Vs. Ramanpreet Kaur” (HMA No.07 of 2018) and petition under Sections 7

and 25 of the Guardian and Wards Act, 1890 titled as Gurpreet Singh

Sekhon Vs. Ramanpreet Kaur” (G.W. No.2 of 2018) filed by the respondent

(husband) which are pending at Baba Bakala Sahib are withdrawn from that

court and transferred to Ludhaina. The learned District Judge, Ludhiana

may assign the same to a competent court at Ludhiana.

(Harinder Singh Sidhu)
Judge
26.09.2018
sd
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No

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