Petitioner sought transfer of a restitution of conjugal rights petition from Jalandhar to Ferozepur courts. The transfer application was dismissed as infructuous due to an amicable settlement between parties for mutual divorce.
Transfer application dismissed as infructuous.
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Manoj Kumar #1# 2013.12.19 10:55I attest to the accuracy and integrity of this document High Court Chandigarh
T. A No.452 of 2013 (O&M)
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
T. A No.452 of 2013 (O&M)
Paramjit Kaur
.....Petitioner(s)
Versus
Sukhjit Singh
....Respondent(s)
CORAM: HON'BLE MR. JUSTICE JASWANT SINGH
Present: Mr. P.P.S Duggal, Advocate for the petitioner-wife. Ms. Teena Garg, Advocate for Mr. Raman Gokhlani, Advocate for the respondent.
JASWANT SINGH, J (ORAL)
Petitioner-wife is seeking the transfer of a petition for restitution of conjugal rights filed by the husband from the courts at Nakodar, District Jalandhar to Ferozepur.
The marriage between the parties was solemnized on 17.2.2012 at Ferozepur. No child was born out of the said wedlock. Due to matrimonial dispute, the parties are stated to be residing separately since 20.9.2012. Petitioner-wife is stated to have filed a complaint against her husband and in-laws before the SSP, Ferozepur.
Upon notice, the respondent had put in appearance through his counsel and stated that the parties were before the Mediation and Conciliation Centre of this Court.
At the time of hearing today, learned counsel for the respondent-husband states that the present transfer application has become infructuous in view of an amicable settlement between the parties whereby
T. A No.452 of 2013 (O&M) #2#
it has been agreed that they shall file a joint petition for decree of divorce under Section 13-B of the Hindu Marriage Act, 1955 subject to certain terms and conditions.
In view of the aforesaid statement made by learned counsel for the husband at Bar, present transfer application is dismissed as infructuous.
December 18, 2013 ( JASWANT SINGH ) manoj JUDGE
2 issues framed by the court
Whether the application for transfer of petition for restitution of conjugal rights is maintainable in view of an amicable settlement for divorce.
Whether the transfer application has become infructuous due to mutual agreement for divorce under Section 13-B of the Hindu Marriage Act.
Paramjit Kaur
Sukhjit Singh
Jaswant Singh
As recorded by the court registry
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