Petitioner sought transfer of divorce proceedings from Kapurthala to Hoshiarpur. Court dismissed the petition as infructuous since the original divorce petition filed by the respondent was already dismissed in default.
Petition dismissed as infructuous due to previous dismissal of divorce petition in default.
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Manoj Kumar IN THE HIGH COURT FOR THE STATES OF PUNJAB AND 2013.08.05 14:23I attest to the accuracy and integrity of this document High Court Chandigarh HARYANA AT CHANDIGARH
T.A. No.256 of 2012 (O&M)
Date of Decision: 2.8.2013
Rajni Dua
.....Petitioner(s)
Versus
Gulshan Dua
....Respondent(s)
CORAM: HON'BLE MR. JUSTICE JASWANT SINGH
Present: Mr. R.K. Trikha, Advocate for the petitioner-wife.
JASWANT SINGH, J (ORAL)
Wife was seeking the transfer of divorce proceedings filed by the respondent-husband under Section 13 of the Hindu Marriage Act, 1955 from the court of learned Addl. District Judge, Kapurthala to the court of competent jurisdiction at Hoshiarpur.
Notice had been issued and the respondent-husband remains unserved.
At the time of hearing, learned counsel for the petitioner very fairly submits that the present petition has become infructuous in view of the divorce petition pending before the learned trial Court having already been dismissed in default.
In view of the aforesaid, present petition is dismissed as having
been rendered infructuous.
August 02, 2013 ( JASWANT SINGH ) manoj JUDGE
1 issue framed by the court
Whether the petition for transfer of divorce proceedings can be sustained when the original petition has been dismissed in default.
Rajni Dua
Gulshan Dua
JASWANT SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
