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RUPINDER KAUR versus SOHAN SINGH

High Court of Punjab and Haryana, Chandigarh

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Rupinder Kaur v. Sohan Singh - CM-21631-CII-2006 [2006] RD-P&H 12006 (5 December 2006)

C.M. No.21631-CII of 2006 [1]

HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH C.M. No.21631-CII of 2006

Date of decision : 15.12.2006.

Rupinder Kaur .....Petitioner

versus

Sohan Singh .......Respondent

CORAM : HON'BLE MR. JUSTICE HEMANT GUPTA.
Present : Ms.G.K.Mann, Advocate for the petitioner Mr.R.S.Manhas, Advocate for respondent No.1.

* * *

ORDER

HEMANT GUPTA, J. (Oral)

The petitioner has sought transfer of petition under Section 9 of the Hindu Marriage Act, 1955, filed by the respondent and pending in the Court of Additional Civil Judge (Sr.Divn.), Pathankot, to the Court of competent jurisdiction at Amritsar.

It is pointed out that marriage between the parties was solemnized on 14.10.2005 at Pathankot. It is alleged by the petitioner that she was harassed and maltreated by the respondent on account of demand of dowry and she was turned out of her matrimonial home when she was 3 months pregnant. It is also pointed out that the petitioner has filed a petition at Amritsar under Section 125 of the Criminal Procedure Code for the maintenance allowance and that it is not possible for the petitioner to effectively defend the proceedings in the absence of sufficient maintenance from the respondent.

Keeping in view the uncontroverted averments made in the petition, I deem it appropriate to transfer the petition under Section 9 of C.M. No.21631-CII of 2006 [2]

the Hindu Marriage Act, 1955, titled as Sohan Singh versus Rupinder Kaur, pending in the Court of learned Additional Civil Judge (Sr.Divn.), Pathankot, to the Court of learned District Judge, Amritsar. It shall be open to the learned District Judge, Amritsar 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, Amritsar on 19.1.2007, for further proceedings.

The application stands disposed of accordingly.

(HEMANT GUPTA)

December 15, 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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