Allowed

Jasvir Kaur v. Parminder Singh

Punjab & Haryana HC18 Sept 2013TA/704/2012

Case brief

AI extract

What is this about?

The High Court of Punjab & Haryana allowed the transfer application. The petitioner-wife consented to transferring her husband's restitution of conjugal rights petition from Bathinda to Karnal, subject to him enforcing his visitation rights there. The transfer was ordered based on the parties' agreed stand.

What did the court decide?

Transfer of the petition filed under Section 9 of the Hindu Marriage Act from the Court at Bathinda to the District Courts at Karnal.

Jasvir Kaur Vs Parminder Singh — Matrimonial and Divorce | Punjab & Haryana HC (2013)

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Manoj Kumar #1# 2013.09.23 14:23I attest to the accuracy and integrity of this document High Court Chandigarh

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TA 704/2012 (O&M)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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TA 704/2012 (O&M) Date of decision: 18.9.2013

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Jasvir Kaur

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.............Petitioner

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Parminder Singh

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.............Respondent

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CORAM: HON'BLE MR.JUSTICE JASWANT SINGH

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Present:Mr. S.S. Kamboj,Advocate for the petitioner. Mr. PKS Phoolka, Advocate for the respondent.

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Jaswant Singh,J(Oral).

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Petitioner wife has filed the present transfer application under Section 24 CPC for the transfer of petition filed by respondent husband under Section 9 of the Hindu Marriage Act,1955 ( for short “the Act”) for restitution of Conjugal Right, titled Parminder Singh Vs. Jasvir Kaur from the Court of learned Civil Judge (Sr. Division), Bathinda to any court of competent jurisdiction at Chandigarh.

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It is stated that the marriage between the parties was solemnized on 24.2.2010 at Village Bhathey Kishangarh, District Jalandhar and out of the said wedlock a male child was born on 8.10.2011. Due to matrimonial dispute, the parties are stated to have separated since September 2012. The petitioner-wife is stated to be employed as Law Officer in Canara Bank, Chandigarh whereas the husband is employed as Assistant Professor in an Engineering College, Talwandi Sabo, District Bathinda.

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TA 704/2012 (O&M)

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#2#

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Keeping in view the interest of the infant son, the parties were referred for mediation but the proceedings are reported to have failed.

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At the time of hearing, it was conveyed that the petitionerwife is now employed as Law Officer with the same Bank at its Branch at Karnal, where she is residing along with her minor infant son. It is also conceded that as on today, except the aforesaid petition for restitution of conjugal rights, no other serious dispute is pending between the parties. It is also conceded that the respondent-husband has been granted visitation rights to visit the minor son on Sundays or Holidays in a petition seeking custody.

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Learned counsel for the respondent, on instructions from his client, states that he would have no objection if the aforesaid petition for restitution of conjugal rights is ordered to be transferred to Karnal provided the petitioner allows him to enforce his visitation rights on the dates of hearing at Karnal.

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In response, the petitioner, who is present in court, accepts the offer made by the husband.

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In view of the aforesaid agreed stand and keeping in view the convenience of the parties, present petition is allowed and the aforesaid petition under Section 9 of the Act pending in the Court of learned Civil Judge (Sr. Division), Bathinda is ordered to be withdrawn and transferred to the District Courts, Karnal for disposal in accordance with law from the stage of withdrawal. It is clarified that both the parties shall be bound by their aforesaid stand.

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( JASWANT SINGH ) JUDGE

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September 18, 2013 manoj

Jasvir Kaur v. Parminder Singh

Case brief

What is this about?

What did the court decide?

Jasvir Kaur v. Parminder Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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