Monika Devi v. Chatru Dass And ANR.

TA No.722 of 2023 (O&M) 2023:PHHC:124415

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH TA No.722 of 2023 (O&M) Date of decision: 21.09.2023 Monika Devi ....Petitioner

Versus

Chatru Dass & Anr.

....Respondents CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:

Mr. Mukesh Mehra, Advocate for the petitioner.

None for the respondent.

ARVIND SINGH SANGWAN J. (Oral) Prayer in this petition is for transfer of the suit for permanent injunction, titled as "Chatru Dass vs Monika Devi & another" (Annexure P1), pending in the Court of Civil Judge (Sr. Division), Ambala to the competent Court of jurisdiction at Chandigarh.

Counsel for the petitioner has argued that due to the matrimonial discord, the civil suit (Annexure P-1) has been filed by the father-in-law of the petitioner/wife.

Counsel for the petitioner has further submitted that on previous occasions, in TA No.703 of 2023, decided on 29.05.2023, the divorce petition filed by the husband, who is son of plaintiff/respondent No.1, already stands transferred from Ambala to Chandigarh. Counsel for the petitioner has also submitted that on account of a matrimonial discord, the petitioner has filed a petition under Section 125 Cr.P.C. and a petition under the Domestic Violence MOHD YAKUB 2023.09.22 11:52 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.

TA No.722 of 2023 (O&M) 2023:PHHC:124415 Act at Chandigarh.

Counsel for the petitioner has also argued that on account of the aforementioned suit, the petitioner is facing great difficulty in prosecuting the said case as there is a distance of about 60 Kms from Chandigarh to Ambala.

As per the office report, the respondents have been served, however, there is no representation on their behalf. After hearing the counsel for the petitioner, considering the fact that the petitioner will have to bear the litigation expenses and transportation expenses, this Court deem it appropriate to allow the present petition, subject to the following conditions:-

1. The suit for permanent injunction, titled as "Chatru Dass vs Monika Devi & another" (Annexure P1), pending before the Court of Civil Judge (Sr. Division), Ambala will be transferred to the competent Court of jurisdiction at Chandigarh.

2. The District Judge, Chandigarh, will assign the said petition to the competent Court of jurisdiction.

3. The Civil Judge (Sr. Division), Ambala is directed to transfer all the record pertaining to the aforesaid case to District Judge, Chandigarh.

4. The parties are directed to appear before the trial Court, Chandigarh, within a period of 01 month from today.

5. The Court concerned, where the litigation pending between the parties, will accommodate them with one date in one calendar month.

Disposed of.

(ARVIND SINGH SANGWAN) JUDGE 21.09.2023 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MOHD YAKUB 2023.09.22 11:52 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.