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Judgments of Supreme Court of India and High Courts

Shilpi vs Ankur Arora on 27 August, 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

TA No.157 of 2018 (OM)
Date of decision: 23.08.2018
Shilpi .. Petitioner

vs.
Ankur Arora .. Respondent

Coram: Hon’ble Mr. Justice Harinder Singh Sidhu

Present:- Mr. Mayank Aggarwal, Advocate for the petitioner.

Mr. Kunal Dawar, Advocate for the respondent.

Harinder Singh Sidhu, J.

The petitioner is the wife and the respondent her husband. This

petition has been filed under Section 24 of the Code of Civil Procedure for

transferring of the case under Section 13 of the Hindu Marriage Act, 1955 titled as

“Ankur Arora Vs. Shilpi’ pending in the Court of Ld. Additional District Judge,

Jalandhar to a Court of competent jurisdiction at Faridkot.

Learned counsel for the petitioner states that the marriage of the

petitioner was solemnized with respondent on 14.10.2007. A son who is now aged

about 9 ½ years was born to them, who is residing with the petitioner. The

petitioner is residing at her parental house at district Faridkot along with her minor

son. The petitioner has no source of income and it is difficult for her to attend the

Court proceeding at Jalandhar, where the respondent has filed the petition under

Section 13 of the Hindu Marriage Act. It is further stated that two cases between

the parties are already pending at Faridkot, namely a petition under the provisions

of Guardian and Ward Act, which has been filed by the respondent and a complaint

under Section 12/17/18/19/20/21/22/23 of the Protection of Women From

Domestic Violence Act filed by the petitioner. The respondent is already appearing

in this case.

Learned counsel for the respondent states that the petition under

Section 13 of the Hindu Marriage Act has been pending for last 5 years and there is

no justification of filing the present transfer application to a belated stage.

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TA No.157 of 2018 (OM) -2-

Be that as it may, considering the aforesaid facts and circumstances,

this petition is deserve to be allowed.

The case under Section 13 of the Hindu Marriage Act, 1955 titled as

“Ankur Arora Vs. Shilpi’ pending in the Court of Ld. Additional District Judge,

Jalandhar is withdrawn from that Court and transferred to Faridkot. The District

Judge Faridkot may assign it to a competent Court at Fardikot.

Disposed of.

(Harinder Singh Sidhu)
23.08.2018 Judge
Atul
Whether speaking/reasoned Yes/No
Whether Reportable: Yes/No

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