TA-196 of 2019 and other cases -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
TA-196-2019 (OM)
Shruti Bedi
…Applicant
Versus
Amandeep Singh
…Respondent
TA-183-2019 (OM)
Shruti Bedi
…Applicant
Versus
Amandeep Singh and another
…Respondent
CRM-M-10764-2019 (OM)
Shruti Bedi
…Petitioner
Versus
Amandeep Singh
…Respondent
Date of decision: 03.05.2019
CORAM: HON’BLE MR.JUSTICE H.S. MADAAN
Present: Mr. Naveen Sharma, Advocate for
Mr. Kamal Narula, Advocate for the applicant.
Mr. R.V.S. Chugh, Advocate
for respondent-Amandeep Singh.
****
H.S. MADAAN, J. (Oral)
By this order, I shall dispose of three applications filed by
applicant Shruti Bedi against her husband Amandeep Singh, the
respondent, seeking transfer of three cases pending between them in
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TA-196 of 2019 and other cases -2-
various Courts at Hoshiarpur. Transfer Application No.183-2019 is with
regard to transfer of divorce petition titled ‘Amandeep Singh Vs. Shruti
Bedi and another’, pending in the Court of District Judge, Hoshiarpur,
Transfer Application No.196-2019 is with regard to transfer of petition
under Sections 7, 8, 9 and 12 read with Section 25 of Guardian and SectionWards
Act, for the custody of minor son, pending before Civil Judge (Sr. Divn)-
cum-Guardian Judge, Hoshiarpur and petition No.CRM-M-10764-2019,
under Section 407 read with Section 482 Cr.P.C. for transfer of petition
under Section 125 Cr.P.C., pending in the Court of Judicial Magistrate 1st
Class, Hoshiarpur to the Courts of competent jurisdiction at Jalandhar or
Amritsar.
According to the applicant, she got married with respondent
on 08.11.2011 at Hoshiarpur. The couple was blessed with a son, namely,
Master Khushmeet Singh, born on 05.08.2012, presently in the custody of
respondent. On account of matrimonial discord between the spouses,
allegedly for the reason of demand of dowry by respondent and his family
members from the applicant, the applicant was made to leave the
matrimonial home and to go to her parental place. She was in family way
at that time. She delivered a male child at her parental house. The
respondent has filed the divorce petition against her by levelling false
allegations of adultery, whereas, the applicant has filed a petition for
getting the custody of minor son, besides filing another petition under
Section 125 Cr.P.C. against the respondent. All the three cases are
pending in various Courts at Hoshiarpur; that respondent is a practising
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Advocate at District Courts Hoshiarpur and due to that reason, no
Advocate is ready to contest the cases against the respondent. Brother in-
law of the applicant is an Advocate at District Court, Ludhiana who
comes to Hoshiarpur to attend the dates of hearing; that both the
applicant and respondent are residing at Hoshiarpur; that the applicant is
dependent upon her parents, having no source of income. Therefore, the
cases be transferred, as prayed for, in the applications.
The applications are being resisted by the respondent. In the
written reply filed by him, he has denied the material assertions in the
applications, contending that the divorce petition is at the fag end. After
conclusion of evidence by the answering respondent, who is petitioner in
the divorce petition, two witnesses have been examined on behalf of the
present applicant; that marriage between the applicant and answering
respondent was culmination of a love affair, therefore, there could not be
any reason to demand of any dowry. It is further contended that there are
serious allegations of adultery against the applicant. The case of the
respondent is that the present applicant is being represented by two
counsel at Hoshiarpur. The respondent is a handicapped person and it
would be inconvenient for him to go to a place outside Hoshiarpur, if the
cases are transferred there.
I have heard learned counsel for the parties besides going
through the record and I find that all the three applications are doomed
for failure. As per copy of handicapped certificate placed on file by the
respondent, that certificate is shown to have been issued by the office of
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TA-196 of 2019 and other cases -4-
Civil Surgeon, Hoshiarpur on 11.08.1997 and the respondent is shown to
be suffering from Polio of both legs and permanent disability is assessed
at 85%. It being so, it would indeed be difficult for the respondent to
undertake travelling, so as to attend the dates of hearings in the cases, if
they are transferred outside Hoshiarpur. The applicant herself is residing
at Dasuya, District Hoshiarpur. Her apprehension that since the
respondent is a practising Advocate and he may interfere in the judicial
proceedings is totally misconceived and without basis. No person, not
even a practising Advocate, howsoever, senior or leading, can dare to
interfere in judicial proceedings. Therefore, merely for the reason that the
respondent is a practising Advocate at District Courts Hoshiarpur, cannot
lead to the inference that he can interfere in the judicial proceedings to
the detriment of the applicant. I do not see any reason to accept the
applications and transfer the cases as prayed for by the applicant.
Accordingly, the same stand dismissed.
03.05.2019 (H.S. MADAAN)
sumit.k JUDGE
Whether speaking/reasoned : Yes No
Whether Reportable : Yes No
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