Dismissed

Amarjit Singh v. Rajwinder Kaur

Punjab & Haryana HC17 Dec 2013TA/770/2013

Case brief

AI extract

What is this about?

This Court dismissed a transfer application filed under Section 24 CPC regarding a matrimonial petition under Section 9 Hindu Marriage Act. The Court rejected the plea that threats by the respondent's brother necessitated moving the case again, noting that transfer orders were already issued previously without cause.

What did the court decide?

The transfer application was dismissed; the petition remains in the court at Tarn Taran.

Amarjit Singh Vs Rajwinder Kaur — Maintenance and Alimony | Punjab & Haryana HC (2013)

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Manoj Kumar 2014.01.02 12:58 I attest to the accuracy and integrity of this document High Court Chandigarh

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TA No.770 of 2013(O&M)

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#1#

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

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TA No.770 of 2013(O&M) Date of Decision: 17.12.2013

Amarjit Singh

....Petitioner

Versus

Rajwinder Kaur

....Respondent

CORAM: HON'BLE MR. JUSTICE JASWANT SINGH

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Present: Mr. A.S. Jattana, Advocate for the petitioner.

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JASWANT SINGH, J

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Petitioner by way of filing the present transfer application under Section 24 CPC, is seeking transfer of the petition filed under Section 9 of the Hindu Marriage Act, 1955 (for short “the Act”) by the respondent from the court of learned Addl. Civil Judge (Sr. Division), Jagraon to a court of competent jurisdiction at Moga or any other court of district Tarn Taran and Amritsar.

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It is alleged that the marriage of the parties was solemnized on 16.3.2005 at Village Fatehabad, District Tarn Taran and out of the said wedlock, a male child was born on 3.12.2005. Due to matrimonial discord, parties started residing separately.

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It transpires that the proceedings under Section 125 Cr.P.C as well as a criminal case under Section 498-A/406/506 IPC are also pending between the parties at Tarn Taran. It further transpires that on

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#2#

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TA No.770 of 2013(O&M)

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an earlier occasion also, petition bearing T.A.No.357 of 2011 titled as Rajwinder Kaur Vs. Amarjit Singh was filed by the respondent-wife in this Court for transfer of petition filed under Section 9 of the Act from Jagraon to Tarn Taran and the same was allowed by this Court vide order dated 2.12.2011 (P.1). Another petition bearing T.A.No.398 of 2012 was also filed by the respondent-wife for transfer of petition filed under Section 13 of the Act by the petitioner-husband from Mohali to Tarn Taran and this Court allowed the same vide order dated 30.1.2013 (P.2).

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Now, the petitioner-husband has filed the present petition for transfer of the petition filed under Section 9 of the Act from the courts at Jagraon to Tarn Taran & Amritsar by alleging that the brother of the respondent-wife is threatening the petitioner to involve in a false criminal case and he has already sent complaint in this regard to the police authorities.

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After hearing learned counsel for the parties and going through the paper book, this Court is not persuaded with the plea raised on behalf of the petitioner in view of the fact that this Court has already ordered for transfer of the petition filed by the husband-petitioner under Section 9 of the Act from District Courts, Jagraon to a court of competent jurisdiction at Tarn Tarn vide order dated 2.12.2011. Thus, there is no ground again to transfer the same to a third court merely on the allegations of threat advanced at the hands of the respondent-wife or her relative.

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TA No.770 of 2013(O&M)

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#3#

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If at all, the petitioner is getting any threat perception by anybody, then a legal remedy is always available as per law but that cannot be a ground to transfer the matrimonial lis time and again to settle their personal score and this Court will not be party to satisfy their personal grudge against each other.

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Dismissed. December 17, 2013 ( JASWANT SINGH ) manoj JUDGE

Amarjit Singh v. Rajwinder Kaur

Case brief

What is this about?

What did the court decide?

Amarjit Singh v. Rajwinder Kaur

Case brief

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