Allowed

Kusumlat v. Sanjeev Kumar

Punjab & Haryana HC24 Sept 2021TA/780/2021

Case brief

AI extract

What is this about?

The High Court allowed a petition seeking transfer of proceedings under Section 9 of the Hindu Marriage Act, 1955, from the Family Court at Kaithal to the competent court at Patiala due to the petitioner's residence and difficulty in traveling. The proceedings were remanded to the Patiala court.

What did the court decide?

Transfer of pending proceedings under Section 9 of the Hindu Marriage Act, 1955 from Court of Principal Judge, Family Court, Kaithal to Court of competent jurisdiction at Patiala allowed. File remitte

Kusumlat Vs Sanjeev Kumar — Civil Procedure and Limitation | Punjab & Haryana HC (2021)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT ASHOK KUMAR 2021.09.28 10:26 CHANDIGARH I attest to the accuracy and integrity of this document

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218 TA-780-2021 (O&M) Date of decision: 24.09.2021 KUSUMLATA ..Petitioner

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Versus

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SANJEEV KUMAR ..Respondent

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CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

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Present: Mr. Ashish Gupta, 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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As per the office report, notice issued to the respondent has been

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received back served. However, he remains unrepresented.

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On 01.09.2021, the following order was passed:-

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“This petition has been filed by the wife seeking the transfer of the petition filed under Section 9 of the Hindu Marriage Act, 1955, titled as “Sanjeev Kumar vs. Kusumlata”, pending in the Court of Principle Judge, Family Court, Kaithal, to the Court of competent jurisdiction at Patiala.

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The petitioner claims that she got married to the respondent on 12.03.2018. She claims that presently, she is residing with her parents at Patiala and the distance between Patiala and Kaithal is 75 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 the District Courts, Patiala:-

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(i) Under Section 125 Cr.P.C.

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

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(iii) FIR under Section 406/498-A IPC.

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The learned counsel contends that it will be very

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TA-780-2021 (O&M)

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ASHOK KUMAR 2 2021.09.28 10:26 difficult for the petitioner to travel on each date of hearing. I attest to the accuracy andintegrity of this document Notice of motion for 24.09.2021.

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The liberty is granted to the petitioner to serve the respondent through his counsel at District Courts, Kaithal. Dasti also.”

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As the respondent has not entered appearance, the facts as

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noticed in the order dated 01.09.2021 remain uncontroverted. Hence, the

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petition is allowed. The proceedings of petition filed under Section 9 of the Hindu Marriage Act, 1955, titled as 'Sanjeev Kumar vs. Kusumlata', pending in the Court of Principal Judge, Family Court, Kaithal, are ordered to be transferred to the Court of competent jurisdiction at Patiala. The transferor Court is requested to remit the case file to the transferee Court forthwith. The

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parties are directed to appear before the District Judge, Patiala, on 12.10.2021

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who shall either decide the matter himself or assign it to the Court of competent jurisdiction at Patiala .

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

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disposed of.

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24.09.2021 (ANIL KSHETARPAL) ashok JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

Kusumlat v. Sanjeev Kumar

Case brief

What is this about?

What did the court decide?

Kusumlat v. Sanjeev Kumar

Case brief

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What did the court decide?

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