Allowed

Kiran Bala v. Parvesh Arora Alias Parvesh Thakural

Punjab & Haryana HC6 Feb 2019TA/1150/2018

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana considered an application for transfer of a partition/variation of custody property petition filed under Section 9 of the Hindu Marriage Act, 1955 (noting the judgment mentions Section 9 HC but context implies transfer of marriage suit or similar). The court allowed the application, directing the transfer of the suit from Amritsar to Fazilka due to the applican

What did the court decide?

Petition transferred from Court of Additional Civil Judge Amritsar to Court of District Judge Fazilka

Kiran Bala Vs Parvesh Arora Alias Parvesh… — Matrimonial and Divorce | Punjab & Haryana HC (2019)

¶1

¶2

T.A. No. 1150 of 2018

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

T.A. No. 1150 of 2018 DATE OF DECISION :- February 06, 2019

¶5

Kiran Bala ...Applicant

¶6

Versus

¶7

Parvesh Arora alias Parvesh Thukral ...Respondent

¶8

CORAM: HON'BLE MR. JUSTICE H.S. MADAAN

¶9

Present :- Mr. Ishaan, Advocate for Mr. Neeraj Madaan, Advocate for the applicant.

¶10

¶11

As per office report, the Process Server has reported that the respondent has got full knowledge of pendency of the application but he is avoiding service. Under the circumstances, there is no necessity of issuing fresh notice to the respondent.

¶12

Heard.

¶13

Applicant Kiran Bala, aged about 36 years, wife of Parvesh Arora alias Parvesh Thukral-respondent, presently residing with her parents at Fazilka on account of marital dispute between the spouses seeks transfer of petition under Section 9 of the Hindu Marriage Act, 1955 filed by her husband Parvesh Arora alias Parvesh Thukral against her having title 'Parvesh Arora Vs. Kiran Bala' pending in the Court of Additional Civil Judge (Sr. Division), Amritsar to the Court of competent jurisdiction at Fazilka.

¶14

PARVINDER SINGH 2019.02.08 15:01 I attest to the accuracy and integrity of this document Chandigarh

¶15

T.A. No. 1150 of 2018 2

¶16

According to the applicant, the marriage between the parties performed on 5.2.2017 did not work. Though the marriage was consummated and she gave birth to a female child namely baby Kecia, presently aged about 11 months. The applicant along with the minor daughter had to leave the matrimonial home and start residing with her parents at Fazilka. Her husband has filed a petition under Section 9 of the Hindu Marriage Act against her in the Court at Amritsar. She being a young woman, taking care of minor daughter of the parties, it is difficult for her to travel from Fazilka to Amritsar covering a distance of about 200 kms so as to attend the dates of hearing there, as such the application be accepted.

¶17

Notice of the application was given to the respondent, who despite having knowledge of the application did not appear and to offer a contest.

¶18

I have heard learned counsel for the applicant besides going through the record.

¶19

Keeping in view the contentions in the application and submissions made by learned counsel for the applicant in which I find merit in absence of any strong circumstance to the contrary, it would be proper and appropriate if the application is accepted, the same is accordingly allowed. The petition in question is ordered to be withdrawn from the Court of Additional Civil Judge (Sr. Division), Amritsar and transferred to the Court of District Judge, Fazilka for disposal in accordance with law. Learned District Judge, Fazilka may retain the petition on his board or assign it to any other Court of competent jurisdiction.

¶20

The parties through their counsel are directed to appear in the

¶21

PARVINDER SINGH 2019.02.08 15:01 I attest to the accuracy and integrity of this document Chandigarh

¶22

T.A. No. 1150 of 2018

¶23

¶24

transferee Court on 8.3.2019. Copies of orders be sent to the Court of Additional Civil Judge (Sr. Division), Amritsar as well as to the Court of District Judge, Fazilka for information and necessary compliance.

¶25

	(H.S. MADAAN) JUDGE
February 06 2019 p.singh
Whether speaking/reasoned	Yes/No
Whether Reportable	Yes/No

¶26

PARVINDER SINGH 2019.02.08 15:01 I attest to the accuracy and integrity of this document Chandigarh

Kiran Bala v. Parvesh Arora Alias Parvesh Thakural

Case brief

What is this about?

What did the court decide?

Kiran Bala v. Parvesh Arora Alias Parvesh Thakural

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Parmod Nagpal Vs State of Punjab and Anr.

Sher Singh and Another Vs State of Punjab

Pawan Bhatia Vs Cargo Motors

Krishan Kumar Vs State of Haryana and Anr.

Anita Devi and Ors. Vs Ashok Kumar and Anr.

Jaswinder Singh and Ors. Vs State of Punjab and Anr.