T.A. No. 267 of 2018 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
T.A. No. 267 of 2018
DATE OF DECISION :- March 06, 2019
Smt. Sangeeta …Applicant
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The petition in question is ordered to be withdrawn from the Court of District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
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.
March 06, 2019
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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