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SMT.OMPATTI versus DHARAM SINGH

High Court of Punjab and Haryana, Chandigarh

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Smt.Ompatti v. Dharam Singh - CM-20529-CII-2006 [2006] RD-P&H 11563 (30 November 2006)

C.M. No.20529-CII of 2006 {1}

HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH C.M. No.20529-CII of 2006

Date of decision : 1.12.2006.

Smt.Ompatti ........Petitioner

versus

Dharam Singh .......Respondent

CORAM : HON'BLE MR. JUSTICE HEMANT GUPTA.
Present : Mr.Pankaj Middha, Advocate for the petitioner.

Mr.S.S.Walia, Advocate for the respondent.

* * *

ORDER

HEMANT GUPTA, J. (Oral)

The petitioner has sought transfer of the petition under Section 13 of the Hindu Marriage Act, 1955, filed by the respondent and pending in the Court of Sh.Raj Kumar, Additional District Judge, Hisar, to the Court of learned District Judge, Jind.

It has been pointed out that marriage between the parties was solemnized on 15.6.1970 at village Killa Zafargarh, Jind. Earlier also, the respondent filed a petition for dissolution of marriage which was dismissed on 9.5.1990 by the learned Additional District Judge, Hisar.

Even the first appeal was also dismissed on 17.3.2004. Thereafter, another petition has been filed by the respondent on the same ground of desertion and cruelty which is subject matter of the present petition. It has also been pointed out that the petitioner has filed a petition for maintenance under Section 127 of the Criminal Procedure Code which is pending at Jind and petitioner also filed a petition under Section 18 of the Hindu Adoption and Maintenance Act, 1956, which is also pending at Jind.

C.M. No.20529-CII of 2006 {2}

After hearing the learned counsel for the parties and keeping in view the fact that marriage between the parties was solemnized within the territorial jurisdiction of Jind and there are two cases between the parties pending at Jind, it will be appropriate to try the present petition by the Court at Jind.

In view of the above, the petition under Section 13 of the Hindu Marriage Act, 1955, titled as Dharam Singh versus Smt.Ompati, pending in the Court of Sh.Raj Kumar, Additional District Judge, Hisar, is ordered to be transferred to the Court of learned District Judge, Jind. It shall be open to the learned District Judge, Jind to entrust the said petition to a Court of competent jurisdiction.

Parties through their counsel are directed to appear before the Court of learned District Judge, Jind on 22.12.2006 for further proceedings.

The application stands disposed of accordingly.

(HEMANT GUPTA)

December 1, 2006 JUDGE

*mohinder


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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