Application for transfer of a divorce petition from Faridabad to Hoshiarpur allowed. Transfer ordered due to applicant's residence, minor child's welfare, and pending criminal proceedings at Hoshiarpur making local trial impractical.
Divorce petition pending before District Judge, Faridabad ordered to be transferred to District Judge, Hoshiarpur.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
TA No. 280 of 2008 Date of decision:4.12.2008
Jaswinder Kaur
.... Applicant
Versus
Gurnam Singh ….Respondent
Coram: Hon'ble Mr. Justice Rajive Bhalla.
Present: Mr. C.L. Pawal, Advocate for the applicant. Mr. Anil Shukla, Advocate for the respondent.
Rajive Bhalla, J. (Oral)
The present application is for transfer of a divorce petition filed under Section 13 of Hindu Marriage Act titled as Gurnam Singh vs. Jaswinder Kaur from Faridabad to any other court of competent jurisdiction at Hoshiarpur.
Counsel for the applicant submits that the applicant resides at Hoshiarpur, along with her minor daughter, aged 5 ½ years. She further states that if she has to travel from Hoshiarpur to Faridabad to attend the hearing of the case she would have to spend 2-3 days on each date. It is further submitted that the applicant has lodged FIR No. 53, dated 27.6.2008, under Sections 498, 406 IPC, at Police Station Sadar Hoshiarpur which is being defended by the respondent at Hoshiarpur. In addition, the applicant has also filed a petition under Section 125 of the Code of Criminal Procedure for grant of a maintenance.
Counsel for the respondent, on the other hand, submits that if the case is transferred to Hoshiarpur, he would be equally inconvenienced and even otherwise he apprehends that he would be physically harmed, if the divorce petition is transferred to Hoshiarpur.
I have heard counsel for the parties. An appraisal of the
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arguments addressed by the counsel for the parties leads me to a singular conclusion that interest of justice would require that the case is transferred from Faridabad to Hoshiarpur. The applicant has to look after the welfare of a minor child aged 5 ½ years. In addition, she has filed a petition under Section 125 of Code of Criminal Procedure at Hoshiarpur and the respondent-husband is appearing as accused in an FIR pending before a court at Hoshiarpur. In case the applicant travels from Hoshiarpur to Faridabad, she would necessarily have to leave a day before the date of hearing.
Consequently, the transfer application is allowed and divorce petition titled as Gurnam Singh vs. Jaswinder Kaur pending before the District Judge, Faridabad is transferred to the District Judge, Hoshiarpur. The District Judge, Faridabad shall forthwith transfer the file of the case to the District judge Hoshiarpur, who shall on receipt of the file either decide the case himself or entrust it to a court of competent jurisdiction at Hoshiapur.
Parties are directed to appear before the District Judge Hoshiarpur on 15.1.2009.
[RAJIVE BHALLA] JUDGE
4th December, 2008 Skaushik / sk
Jaswinder Kaur
Gurnam Singh
Rajive Bhalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
