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Shalini Saini vs Mohinder Singh on 17 September, 2018

TA-405-2018 [1]

109
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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TA-405-2018 [2]

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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