Allowed

Gaganpreet Kaur and Anr. v. Gurtej Singh

Punjab & Haryana HC20 Sept 2024CRM-M/45038/2024

Case brief

AI extract

What is this about?

Wife sought transfer of her maintenance petition from Family Court, Faridkot to Moga, citing matrimonial dispute and her minor son's autism treatment requiring regular care in Moga. Relying on Supreme Court precedent favouring the wife's convenience, the High Court allowed the transfer.

What did the court decide?

Maintenance petition MNT-36-2022 transferred from Principal Judge, Family Court, Faridkot to Principal Judge, Family Court, Moga; respondent may seek revival within three months.

Gaganpreet Kaur and Anr. Vs Gurtej Singh — Maintenance and Alimony | Punjab & Haryana HC (2024)

CRM-M-45038-2024

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Sr. No.112

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-45038-2024 Date of decision: 20^th September 2024

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GAGANPREET KAUR AND ANR ........Petitioners

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versus

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GURTEJ SINGH

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.......Respondent

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CORAM: HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN

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Present: Mr. Aditya Anand, Advocate for the petitioners.

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HARPREET KAUR JEEWAN, J. (ORAL)

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Prayer in the present petition filed under Section 447 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is for transfer of the case bearing No.MNT-36-2022, titled as “Gaganpreet Kaur and another vs. Gurtej Singh” (Annexure P-9), from Family Court, Faridkot to Family Court, Moga.

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Learned counsel for the petitioners inter alia contends that the marriage of petitioner No.1 was solemnized with the respondent on 03.04.2009 and there is some matrimonial dispute, regarding which the respondent had filed a divorce petition, which is pending at Family Court, Faridkot. The petitioner has filed an application under Section 125 Cr.P.C. bearing No.MNT-36-2022, instituted on 22.03.2022, which is pending before the Family Court, Faridabad. The petitioner is seeking transfer of the said petition, pending before the Family Court, Faridkot, to Principal Judge, Family Court, Moga, on the ground that she is living at Moga due to the matrimonial dispute and due to the medical issue of SIMRANDEEP KAUR 2024.09.24 10:47 petitioner No.2, who is the minor son of petitioner No.1 and the respondent. I attest to the accuracy and integrity of this order/judgment.

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CRM-M-45038-2024 �

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It is further contended that petitioner No.2 was diagnosed with ‘Autism Spectrum Disorder’ (ASD), at the time of his birth. As per the medical opinion dated 05.03.2021 by Dr. Jasmeet Sidhu, practicing at Moga (Annexures P-1 to P-3), the petitioner No.2 requires continuous treatment on regular basis. The Disability Certificate and Unique Disability ID of petitioner No.2 have also been issued by the competent authority, which are Annexures P-4 and P-5. It is further contended that it is very difficult for petitioner No.1 to travel from Moga to Faridkot on each date of hearing. At present, the petitioners are residing in a rented accommodation, as per the Rent Deed dated 31.0.2024 (Annexure P-6) and petitioner No.2 is also studying at Moga, which is evident from the School Fee Slip (Annexure P-8).

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Keeping in view the facts and circumstances of this case, issuance of notice to the respondent is dispensed with. 5. Keeping in view the difficulty faced by the petitioners and in view of the law laid down by Hon’ble the Supreme Court in Sumita Singh Vs. Kumar Sanjay and another AIR 2002 SC 396, Rajani Kishor Pardeshi Vs. Kishor Babulal Pardeshi (2005) 12 SCC 237 and N.C.V. Aishwarya Vs. A.S.Saravana Karthik Sha 2022 SCC OnLine SC 1199, the present petition is allowed and petition under Section 125 Cr.P.C filed by petitioner No.1, bearing No. MNT-36-2022, pending in the Court of learned Principal Judge, Family Court, Faridkot, is ordered to be withdrawn from learned Principal Judge, Family Court, Faridkot and the same be transferred to the learned Principal Judge, Family Court, Moga.

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SIMRANDEEP KAUR 2024.09.24 10:47 I attest to the accuracy and integrity of this order/judgment.

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CRM-M-45038-2024

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�

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However, the respondent may approach this Court within a period of three months from today for revival of the petition, if any facts have been misled or concealed by the petitioners.

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Pending miscellaneous applications, if any, shall stand disposed of.

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(HARPREET KAUR JEEWAN) JUDGE

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20^th September 2024 simran

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*Whether speaking/reasoned*	: *Yes/No*
*Whether reportable*	: *Yes/No*

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SIMRANDEEP KAUR 2024.09.24 10:47 I attest to the accuracy and integrity of this order/judgment.

Gaganpreet Kaur and Anr. v. Gurtej Singh

Case brief

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Gaganpreet Kaur and Anr. v. Gurtej Singh

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