Allowed

Pooja v. Balwinder Kumar

Punjab & Haryana HC13 Sept 2021TA/714/2021

Case brief

AI extract

What is this about?

The High Court allowed a wife's petition to transfer a maintenance maintenance/housing matter from Kaithal Family Court to Jind District Court, citing her residence in Jind and the ease of access for hearings. The spouse must not move out pending disposal.

What did the court decide?

Transfer of case HMA/98/2020 from Principal Judge, Family Court, Kaithal to Court of competent jurisdiction at Jind.

Pooja Vs Balwinder Kumar — Matrimonial and Divorce | Punjab & Haryana HC (2021)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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POOJA

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213 TA-714-2021 (O&M) Date of decision: 13.09.2021 ..Petitioner

Versus

BALWINDER KUMAR

..Respondent

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

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Present: Ms. Rakhi Sharma, Advocate for the petitioner.

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ANIL KSHETARPAL, J (Oral)

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The hearing of the case was held through video conferencing on

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account of restricted functioning of the Courts.

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On 17.08.2021, the following order was passed:-

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“This petition has been filed by the wife seeking the transfer of the case No.HMA/98/2020, titled as “Balvinder Kumar vs. Pooja” pending in the Principal Judge, Family Court, Kaithal, to the Court of competent jurisdiction at Jind.

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The petitioner claims that she got married to the respondent on 27.06.2004. They have been blessed with one male child and one female child. She claims that presently she is residing with her parents at Jind and the distance between Jind and Kaithal is 65 Kms. The petitioner further claims that she cannot properly defend the petition at Kaithal.

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The learned counsel representing the petitioner places reliance on the following litigations pending in District Courts, Jind:-

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(i) Petition under Section 125 Cr.P.C., for maintenance

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(ii) Under Section 12 of Domestic Violence Act, 2005.

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He contends that it will be very difficult for the petitioner to travel on each date of hearing.

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Notice of motion for 01.09.2021.

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The liberty is granted to the petitioner to serve the respondent through his counsel Sh. Dinesh Tyagi, Advocate, at District Courts, Kaithal.

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Dasti also.”

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Learned counsel for the petitioner has forwarded scanned copy

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ASHOK KUMAR 2021.09.15 10:17 I attest to the accuracy and integrity of this document

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TA-714-2021 (O&M)

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of the summons to prove service of the notice to the respondent. However, he remains unrepresented.

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Keeping in view the facts as noticed in the order dated 17.08.2021, the petition is allowed. The proceedings of HMA/98/2020, (Balvinder Kumar vs. Pooja) pending in the Principal Judge, Family Court, Kaithal, are ordered to be transferred to the Court of competent jurisdiction at Jind. The transferor Court is requested to remit the case file to the transferee Court forthwith. The parties are directed to appear before the District Judge, Jind, on 04.10.2021 who shall either decide the matter himself or assign it to the Court of competent jurisdiction at Jind.

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All the pending miscellaneous application(s), if any, are also

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disposed of.

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13.09.2021 (ANIL KSHETARPAL) ashok JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

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ASHOK KUMAR 2021.09.15 10:17 I attest to the accuracy and integrity of this document

Pooja v. Balwinder Kumar

Case brief

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Pooja v. Balwinder Kumar

Case brief

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What did the court decide?

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