Kirandeep Kaur Vs State of Punjab & Ors.

The petitioner is aggrieved by order dated 21.7.2014 passed by the learned Judicial Magistrate Ist Class, Ludhiana refusing to release the Swift car bearing registration No. PB 10 CU-2851 kept in Police Station Sahnewal. The said car was purchased in the name of husband of the petitioner at the time of marriage. The husband has not claimed any right, title or interest in the car but on the objection of the police, the impugned order has been passed. As the car, which is sought to be released on Sapurdari, is part of Istridhan, the petitioner will be entitled to the possession of the same, having as it was purchased in the name of her husband, with whom the petitioner has got matrimonial dispute.

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The petition is allowed, the impugned order dated 21.7.2014 is set aside being illegal, as it will be expedient in the interest of justice to hand over the car to the petitioner. A direction is issued that the car will be released to the petitioner on Superdari after issuing a notice to Harpreet Singh, who will furnish an affidavit before the court regarding his no objection to the transfer of the vehicle in the name of the petitioner by the concerned Registration Authority.

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December 3 ,2014 ( M.M.S.BEDI ) TSM JUDGE

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TAPINDER SINGH MANN 2014.12.04 10:19 I attest to the accuracy and integrity of this document

Kirandeep Kaur v. State of Punjab & Ors.

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Kirandeep Kaur v. State of Punjab & Ors.

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