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2022 Supreme(P&H) 785

ARVIND SINGH SANGWAN
Baljit Kaur – Appellant
Versus
Maninderjit Singh – Respondent


Advocates:
Mr. S.K. Verma, Advocate for the petitioner., for the Appellant; Mr. Tribhuwan Singla, Advocate for the respondent., for the Respondent

JUDGMENT

Arvind Singh Sangwan, J. (Oral) - Prayer in this petition is for transfer of the petition filed under Section 13 of the Hindu Marriage Act, pending in the Family Court, Camp Court Samana, District Patiala to the competent Court of jurisdiction at Camp Court Ellenabad, District Sirsa. Vide order dated 02.12.2021, the following order was passed:-

    'Learned counsel for the petitioner would contend that the petitioner would have to travel a distance of about 210 kilometres (one way) in order to defend the proceedings initiated by the husband under Section 13 of the Hindu Marriage Act, 1955 at Family Court, Patiala (Camp Court at Samana) from her place of residence in District Sirsa and, hence, she would not be able to properly defend her case. It is further contended that the complaint filed by the petitioner under Section 12 of the Protection of Women from Domestic Violence Act, 2005 is already pending before the JMIC, Ellenabad besides an FIR registered on 07.10.2021 under Sections 323, 406, 498A, 506, 34 IPC at Police Station Rania is also pending. Notice of motion returnable 03.02.2022.'

    2. Counsel for the petitioner has argued that on account of a matrimonial discord, the pet

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