High Court of Punjab and Haryana, Chandigarh
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Smt. Suman v. Jatan Pal & Ors - CM-15936-cii-2006  RD-P&H 8918 (19 October 2006)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CM No. 15936-CII of 2006
Date of Decision: 27.10.2006
Smt. Suman ...Petitioner
Jatan Pal and others ....Respondents
Coram: Hon'ble Mr. Justice Hemant Gupta.
Present: Shri R.A. Yadav, Advocate, for the petitioner.
The petitioner has sought transfer of the Civil Suit for injunction filed by respondent No.1 at Bhiwani, to the Court of competent jurisdiction at Gurgaon.
It is the case of the petitioner that she has married Inderjit Singh on 5.3.1991. The said Inderjit Singh, while working in the Border Security Force (BSF) died on 29.7.2005. On 18.5.2004, the petitioner gave birth to a female child but after the death of her husband, the petitioner and her daughter have been turned out of the matrimonial home and at present she is residing with her parents at Gurgaon. The father-in-law of the petitioner has filed a suit for injunction claiming terminal benefits of her deceased-husband. Since the petitioner is a destitute woman and has to maintain a minor child, therefore, the petitioner has sought transfer of the said suit.
Keeping in view the uncontroverted averments of the petitioner, I deem it appropriate to transfer the Civil Suit for injunction (Civil Suit No. 119 of 2005) pending in the Court of Shri Sanjiv Goel, Civil CM No. 15936-CII of 2006 (2)
Judge (Junior Division) Siwani Camp at Bhiwani, to the Court of learned District Judge, Gurgaon. It shall be open to the learned District Judge, Gurgaon, to entrust the suit to any other Court of competent jurisdiction.
Petitioner, through her counsel is directed to appear before the learned District Judge, Gurgaon, on 27.11.2006, for further proceedings in accordance with law.
27-10-2006 (HEMANT GUPTA)
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