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Sangeeta vs Jitender on 6 March, 2019

T.A. No. 267 of 2018 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

T.A. No. 267 of 2018
DATE OF DECISION :- March 06, 2019

Smt. Sangeeta …Applicant

Versus

Jitender …Respondent

CORAM: HON’BLE MR. JUSTICE H.S. MADAAN

Present:- Mr. Punit Malik, Advocate for the applicant.

***

Applicant Smt. Sangeeta, aged about 36 years, estranged wife

of Jitender-respondent, presently residing with her parents at Village Rajli,

Tehsil Barwala, District Hisar, on account of matrimonial discord between

the spouses, by way of filing the instant application seeks transfer of

petition under Section 13(1) (1-A) of the Hindu Marriage Act filed by her

husband Jitender against her having title ‘Jitender Vs. Smt. Sangeeta’

pending in the Court of District Judge, Jind to the Court of competent

jurisdiction at Hisar.

According to the applicant, the marriage performed between the

parties did not work and she had to leave the matrimonial home and start

residing with her parents at Village Rajli, Tehsil Barwala, District Hisar.

She has filed a complaint under Protection of Women from Domestic

Violence Act, 2005 besides one under Section 498A IPC in the Court of

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T.A. No. 267 of 2018 2

JMIC at Hisar. As a pressure tactic her husband has filed divorce petition

against her. She being a young woman, having no source of income, it is

difficult for her to travel from her parental place to Jind covering a distance

of 70 kms on one side, therefore, 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The petition in question is ordered to be withdrawn from the Court of District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, Jind and transferred to Family Court at Hisar for disposal in accordance

with law.

The parties through their counsel are directed to appear in the

transferee Court on 3.4.2019. Copies of orders be sent to the Court of

District Judge, Jind as well as to the Family Court at Hisar for information

and necessary compliance.

(H.S. MADAAN)
JUDGE
March 06, 2019
p.singh

Whether speaking/reasoned Yes/No

Whether Reportable Yes/No

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