Allowed

Jagir Kaur v. Tejinderpal Singh

Punjab & Haryana HC10 Jan 2012TA/202/2010

Case brief

AI extract

What is this about?

Single judge allowed an application for transfer of a matrimonial petition filed by the husband from Gurdaspur to Amritsar. The transfer was upheld based on the wife's residence in Amritsar, her lack of income, and the convenience of raising minor children there.

What did the court decide?

Transfer of the petition under Section 9 of the Hindu Marriage Act from the District Judge, Gurdaspur, to the District Judge, Amritsar, ordered.

Jagir Kaur Vs Tejinderpal Singh — Service and Employment | Punjab & Haryana HC (2012)

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TA No.202 of 2010 1

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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TA No.202 of 2010 Date of decision: 10.1.2012

Jagir Kaur

....Applicant

Versus

Tejinderpal Singh

...Respondent

CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN

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Present: Mr.Vishal Sharma, Advocate for Ms.GK Mann, Advocate for the applicant.

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Mr.LS Goraya, Advocate for the respondent

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Jitendra Chauhan, J.(Oral)

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Through this application under Section 24 of the Code of Civil Procedure, the applicant/wife has knocked the door of this Court for the transfer of the petition titled as Tejinderpal Singh Vs. Jagir Kaur', filed by the respondent/husband under Section 9 of the Hindu Marriage Act, 1955, (for short the Act') from the court of learned District Judge, Gurdaspur , to the court of competent jurisdiction at Amritsar.

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I have heard the learned counsel for the parties and perused the

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case file.

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The perusal of the case file reveals that the applicant, after having been turned out from her matrimonial home, is presently residing with her parents at Amritsar She is maintaining two children, born out of the wedlock. Now she is residing at the mercy of her parents at Amritsar. There are averments of continuous beatings, harassment and demand of

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TA No.202 of 2010

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dowry by the respondent.

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Considering the facts that the applicant is presently residing at Amritsar; it would certainly be difficult for the wife, having no source of income and saddled with the responsibility of raising her two minor children, to attend the court proceedings at Gurdaspur, which is at a distance of 100 Kms. Primarily, in such type of petitions, filed by the respondenthusband, the convenience of the wife is to be seen. Moreover, vide order of even date passed in TA No.163 of 2010, this Court has transferred the petition under Section 25 of the Guardian and Wards Act, 1890, filed by the husband-respondent against the applicant to Amritsar. Therefore, the present application deserves to be allowed.

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In view of the above, the instant transfer application is allowed, petition under Section 9 of the Act titled as ‘Tejindepal Singh versus Jagir Kaur' is withdrawn from the Court of learned District Judge, Gurdaspur, and is transferred to the court of competent jurisdiction at Amritsar. The complete record pertaining to the case in question shall be sent by the trial Court at Gurdaspur, to the learned District Judge, Amritsar, within two weeks from the date of receipt of a copy of this Order. The learned District Judge, Amritsar will either dispose it of himself or entrust it to any Court of competent jurisdiction at Amritsar.

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The parties shall appear before the Court of learned District Judge, Amritsar, on 18.2.2012 at 10 AM.

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(JITENDRA CHAUHAN) JUDGE

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10.01.2012 gsv

Jagir Kaur v. Tejinderpal Singh

Case brief

What is this about?

What did the court decide?

Jagir Kaur v. Tejinderpal Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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