Allowed

Harpreet Kaur v. Dharminder Singh

Punjab & Haryana HC31 Jan 2012TA/407/2011

Case brief

AI extract

What is this about?

In this transfer application under Section 24 CPC, the High Court considered the convenience of sections. The applicant-wife resides in Ludhiana while the husband filed his Section 9 petition in Malerkotla. Finding the balance of convenience favored the wife due to her residence and lack of income, the court ordered the transfer of the matrimonial petition to Ludhiana.

What did the court decide?

Transfer of the petition filed under Section 9 of the Hindu Marriage Act from the Court of Additional Civil Judge, Malerkotla to the Court at Ludhiana.

Harpreet Kaur Vs Dharminder Singh — Property and Title | Punjab & Haryana HC (2012)

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TA No.407 of 2011

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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TA No.407 of 2011 Date of decision: 31.1.2012

Harpreet Kaur

....Applicant

Versus

Dharminder Singh

...Respondent

CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN

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Present: Mr.Harkeerat Singh, Advocate for the applicant.

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Mr.AK Garg, Advocate for the respondent

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Jitendra Chauhan, J.(Oral)

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The present application under Section 24 of the Code of Civil Procedure has been filed by the applicant-wife, seeking transfer of the petition titled as 'Dharminder Singh versus Harpreet Kaur', filed under Section 9 of the Hindu Marriage Act, 1955, by the respondent-husband, from the court of learned Additional Civil Judge, Senior Division, Malerkotla, District Sangrur to the Court of competent jurisdiction at Ludhiana.

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I have heard learned counsel for the parties and perused the

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case file.

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The perusal of the file reveals that the applicant, after having been ousted from the matrimonial home, is presently residing with her parents at Ludhiana. She is maintaining the minor child, born out of the wedlock. There are allegations of beatings and harassment. The applicant filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005, which is pending at Ludhiana. Another

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TA No.407 of 2011

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petition filed under Section 125 of the Code of Criminal is also pending at Ludhiana. It is averred that the respondent has filed the petition under Section 9 of the Act at Malerkotla, with a view to harass and humiliate the applicant.

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Considering the facts that the applicant is presently residing at Ludhiana; it would certainly be difficult for the wife, having no source of income and saddled with the responsibility of raising her minor child, to attend the court proceedings at Malerkotla. In the petition filed by the husband, primarily, the convenience of the wife is to be seen. In the present case, the balance of convenience is in favour of the applicant-wife, 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 ‘Dharminder Singh versus Harpreet Kaur' is withdrawn from the Court of learned Additional Civil Judge, Senior Division, Malerkotla, District Sangrur, and is transferred to the court of competent jurisdiction at Ludhiana. The complete record pertaining to the case in question shall be sent by the trial Court at Malerkotla, to the learned District Judge, Ludhiana, within two weeks from the date of receipt of a copy of this Order. The learned District Judge, Ludhiana will either dispose it of himself or entrust it to any Court of competent jurisdiction at Ludhiana.

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The parties shall appear before the Court of District Judge, Ludhiana, on 3.3.2012 at 10 AM.

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(JITENDRA CHAUHAN) JUDGE

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31.01.2012 gsv

Harpreet Kaur v. Dharminder Singh

Case brief

What is this about?

What did the court decide?

Harpreet Kaur v. Dharminder Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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