This short order allows a transfer application to move pending matrimonial proceedings initiated under Section 13 of the Hindu Marriage Act from Kapurthala to Yamuna Nagar due to distance and the respondent's pendency in other FIRs.
Proceedings in Case HMA/10/2021 transferred from Kapurthala to Yamuna Nagar for trial.
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.
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In the High Court of Punjab and Haryana, at Chandigarh
Transfer Application No. 731 of 2021
Date of Decision: 16.09.2021
Meenakshi
... Petitioner(s)
Varinder Kumar
Versus ... Respondent(s)
CORAM: Hon'ble Mr. Justice Anil Kshetarpal.
Present: Mr. Manoj Pundir, Advocate for the petitioner(s). Mr. Nitin Sharma, Advocate for the respondent.
Anil Kshetarpal, J.
CM-8428-CII-2021
TA-731-2021
“The hearing of the case was held through video conferencing on account of restricted functioning of the Courts. This petition has been filed by the wife seeking the transfer of the petition filed under Section 13 of the Hindu Marriage Act, 1955, bearing HMA/10/2021 titled as 'Varinder Kumar vs. Meenakshi' pending in the Court of Principal Judge, Family Court, Kapurthala to the Court of competent jurisdiction at Yamuna Nagar.
DEEPAK KUMAR BHARDWAJ 2021.09.17 13:00 I attest to the accuracy and integrity of this document
Transfer Application No. 731 of 2021 2
The petitioner claims that she got married to the respondent on 05.02.2013.
Learned counsel representing the petitioner contends that the respondent-husband is already facing trial in three cases in District Courts, Yamuna Nagar i.e. FIR 158, dated 29.12.2018 registered under Section 498-A, 323, 406, 506 IPC, petition under Section 125 Cr.P.C and an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005.
Notice of motion for 07.09.2021.
The liberty is granted to the petitioner to serve the respondent through his counsel Sh. Shamsher Singh, District Court, Kapurthala. Dasti also”.
Transfer Application No. 731 of 2021 3
forthwith. The parties, through their learned counsel, are directed to appear before the Court of District and Sessions Judge at Yamuna Nagar on 05.10.2021, who may try the case himself or assign it to any other Presiding Judge having jurisdiction.
(Anil Kshetarpal) Judge
September 16, 2021 “DK”
Whether speaking/reasoned :Yes/No Whether reportable : Yes/No
DEEPAK KUMAR BHARDWAJ 2021.09.17 13:00 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether the application for transfer of matrimonial proceedings from Kapurthala to Yamuna Nagar on grounds of convenience and case pendency be allowed.
Whether the petitioner is entitled to transfer despite non-compliance with the prior order for restitution of conjugal rights.
5 provisions across 2 enactments
Meenakshi
Varinder Kumar
Anil Kshetarpal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
