Division Bench under Section 482 CrPC for transfer of a Domestic Violence Act application. Court dismissed the transfer petition as infructuous because the parties settled and the wife would withdraw her application.
Petition dismissed as infructuous.
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Manoj Kumar IN THE HIGH COURT OF PUNJAB & HARYANA 2013.09.27 10:11I attest to the accuracy and integrity of this document AT CHANDIGARH High Court Chandigarh
CRM-M-22654/2013 (O&M)
Date of decision:25.9.2013
Lalit Kumar and Ors.
.............Petitioners
v.
Reena
.............Respondent
CORAM: HON'BLE MR.JUSTICE JASWANT SINGH
Present:Mr. Sandeep K. Yadav, Advocate for the petitioners.
Jaswant Singh,J(Oral).
By filing the present petition under Section 482 Cr.P.C, the petitioners are seeking the transfer of application No.87 dated 8.4.2013 filed under Section 12 of Protection of Women and Domestic Violence Act, 2005 by the respondent-wife from the court of learned JMIC, Bathinda to the Court of competent jurisdiction at Narnaul, District Mohindergarh.
At the time of hearing today, learned counsel for the petitioners submits that the parties have settled their matrimonial dispute and are now residing together, therefore, the respondent-wife would be withdrawing the aforesaid petition filed by her, thereby rendering the present petition as infructuous.
In view of the statement by learned counsel for the petitioners, present petition is dismissed as infructuous.
September 25, 2013 ( JASWANT SINGH ) manoj JUDGE
2 issues framed by the court
Whether the crpc section 482 petition seeking transfer of domestic violence application becomes infructuous upon settlement and withdrawal of the underlying application.
Whether the petitioner is entitled to transfer jurisdiction when the cause of action subsides due to settlement.
2 provisions across 2 enactments
Lalit Kumar and Ors.
Reena
Jaswant Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
