Petitioner sought transfer of a recovery suit from Ferozepur to Sirsa. The High Court examined the circumstances of filing and the stage of proceedings. It held that no case for transfer was made out and dismissed the application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Manoj Kumar 2013.10.24 09:29 I attest to the accuracy and integrity of this document High Court Chandigarh
T.A. No.9 of 2013 (O&M) #1#
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
T.A. No.9 of 2013 (O&M)
Date of Decision: 21.10.2013
Harjit Kaur and Ors.
.....Petitioner(s)
Versus
Mukhtiar Singh and Anr.
....Respondent(s)
CORAM: HON'BLE MR. JUSTICE JASWANT SINGH
Present: Mr. Sandeep Punchhi, Advocate for the petitioners.
Mr. Kapil Aggarwal, Advocate for respondent No.1.
None for respondent No.2 despite service.
JASWANT SINGH, J (ORAL)
Defendant-Harjit Kaur is seeking the transfer of a suit for recovery filed by her Jeth-Mukhtiar Singh from the court of learned Civil Judge (Sr. Division), Ferozepur to a court of competent jurisdiction at Sirsa.
Marriage between petitioner No.1-Harjit Kaur was solemnized with one Nirmal Singh on 6.2.2005 at Sirsa. The parties cohabited as husband and wife at the matrimonial home in Jalandhar and no child was born out of their wedlock. Due to matrimonial dispute, petitioner No.1-wife Harjit Kaur is stated to be residing at her parental home at Sirsa. It is averred that Harjit Kaur, while residing with her parents at Tohana, where her father was earlier posted, had filed an FIR against her husband Nirmal Singh and other family members including the present respondent-plaintiff Mukhtiar Singh under Sections 406/498-A IPC at Tohana. Said criminal
T.A. No.9 of 2013 (O&M)
#2#
proceedings were ordered to be transferred to the court of competent jurisdiction at Jalandhar on the petition filed by the husband-Nirmal Singh by this Court while deciding the quashing petition under Section 482 Cr.P.C on the premise that the court at Jalandhar would have jurisdiction since the entire allegations related to incidents at Jalandhar.
It is stated that as a counter blast, the plaintiff- Jeth Mukhtiar, to harass the family members of the wife, has filed the suit at Ferozepur for recovery of Rs.1,20,000/- and other gold articles allegedly forcibly taken by them. Written statement has been filed on behalf of the respondentplaintiff/Jeth wherein it is stated that the entire evidence of both the parties is over and the case is ripe for arguments.
After hearing learned counsel for the parties and keeping in view the advance stage of the proceedings at Ferozepur, no case for transfer is made out.
Dismissed.
October 21, 2013 ( JASWANT SINGH ) manoj JUDGE
Harjit Kaur and Ors.
Mukhtiar Singh and Anr.
Jaswant Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
