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Amarjit Singh Vs Rajwinder Kaur — Matrimonial and Divorce | Punjab & Haryana HC (2013)

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Punjab & Haryana HC
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Amarjit Singh Vs Rajwinder KaurAmarjit Singh v. Rajwinder Kaur

Dismissed

Amarjit Singh v. Rajwinder Kaur

Punjab & Haryana HC17 Dec 2013TA/772/2013

Case brief

AI extract

What is this about?

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What the court decided

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A

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

TA No.772 of 2013(O&M)

#1#

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

TA No.772 of 2013(O&M) Date of Decision: 17.12.2013

Amarjit Singh

....Petitioner

Versus

Rajwinder Kaur

....Respondent

CORAM: HON'BLE MR. JUSTICE JASWANT SINGH

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

JASWANT SINGH, J

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether allegations of threats by the wife's brother can be a valid ground for transferring the matrimonial petition to a different court.
2.
Whether repeated transfers of the same matrimonial petition should be allowed settlement of personal scores.

Statutes considered

2 provisions across 2 enactments

AI extract

Civil Procedure Code24
Hindu Marriage Act13

Parties & counsel

AI extract

petitioner
Amarjit Singh
respondent
Rajwinder Kaur

Coram

AI extract

JASWANT SINGH

Case details

As recorded by the court registry

Court: Punjab & Haryana HC
Decided on: 17 Dec 2013 · December
Registered: 16 Dec 2013
Case no.: TA/772/2013

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Cite this judgement

Amarjit Singh v. Rajwinder Kaur, TA/772/2013 (P&H), decided on 17 December 2013.

The High Court of Punjab and Haryana publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Civil Procedure Code24
Hindu Marriage Act13

View all statutes

Bench / Coram

JASWANT SINGH

Parties & counsel

Outcome

Dismissed

Issue for consideration

Whether allegations of threats by the wife's brother can be a valid ground for transferring the matrimonial petition to a different court. +1 more

Detailed headnote1 paragraphs

,Null

A compact analysis

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.

Petitioner by way of filing the present transfer application under Section 24 CPC, is seeking transfer of the petition filed under Section 13 of the Hindu Marriage Act, 1955 (for short “the Act”) by the respondent from the court of learned Addl. District Judge, Tarn Taran to a court of competent jurisdiction at Moga or any other court of district Tarn Taran and Amritsar.

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.

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

TA No.772 of 2013(O&M) #2#

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).

Now, the petitioner-husband has filed the present petition for transfer of the petition filed under Section 13 of the Act from Tarn Taran to Moga or any other adjoining district 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.

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 13 of the Act from District Courts, Mohali to a court of competent jurisdiction at Tarn Tarn vide order dated 30.1.2013. 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.

TA No.772 of 2013(O&M)

#3#

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.

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

CNR

PHHC011217802013

Topic

Matrimonial and Divorce

Bench

Disposal

DISMISSED

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