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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Transfer Application No.405 of 2018
Date of decision: September 17, 2018
Shalini Saini …Petitioner
Versus
Mohinder Singh …Respondent
CORAM: HON’BLE MR. JUSTICE HARINDER SINGH SIDHU
Present: Mr.Satbir Rathore, Advocate for the petitioner.
None for the respondent.
***
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
“Mohinder Singh vs. Shalini Saini” bearing No.GW-7/18, under Section 6
of Hindu Minority and Guardianship Act read with Section 25 of the
Guardian and Wards Act filed by the respondent-husband, from the Court
of Ld. Additional Civil Judge (Senior Division), Hoshiarpur, to a court of
competent jurisdiction at Gurdaspur.
It is stated that marriage between the parties was solemnised on
3.12.2004. A male child was born to them, who is presently about 11 years
old. On account of harassment and humiliation at the hands of the
respondent and his family members, the petitioner had to leave her
matrimonial home. After that, she has been residing with her parents at
Gurdaspur. Presently, the petitioner is employed as a Science Mistress in
Government High School, Sangatpur, District Gurdaspur. The son of the
petitioner is studying in Little Flower Senior Secondary Convent School,
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Gurdaspur. The petitioner is bearing the entire expenses of the education
and maintenance of her son. The respondent has now filed a petition under
Section 6 of Hindu Minority and Guardianship Act read with Section 25 of
the Guardian and Wards Act, which is pending in the Court of Ld.
Additional Civil Judge (Senior Division), Hoshiarpur.
It is contended that Hoshiarpur is at a distance of about 80
kilometers from Gurdaspur. It is difficult for the petitioner to attend the
Court proceedings at Hoshiarpur. The parents of the petitioner are old and
cannot take care of the child. Moreover, the petitioner apprehends danger to
her life if she goes to attend the court proceedings at Hoshiarpur.
The respondent had been served. No-one appeared on his
behalf on the previous date of hearing i.e. 9.8.2018. Today as well, he is
unrepresented.
Keeping in view the aforesaid facts and circumstances, this
petition is allowed. The case bearing No.GW-7/18 titled as “Mohinder
Singh vs. Shalini Saini” under Section 6 of Hindu Minority and
Guardianship Act read with Section 25 of the Guardian and Wards Act filed
by the respondent-husband, which is presently pending in the Court of Ld.
Additional Civil Judge (Senior Division), Hoshiarpur is withdrawn from the
said Court and transferred to Gurdaspur. The District Judge, Gurdaspur
may assign it to any competent Court at Gurdaspur.
September 17, 2018 ( HARINDER SINGH SIDHU )
gian JUDGE
Whether Speaking / Reasoned Yes
Whether Reportable Yes / No
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