PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Sukhmanbir Singh (Minor) – Appellant
Versus
Gurbeer Singh – Respondent
JUDGMENT :
Harpreet Singh Brar, J. (Oral)
1. The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking transfer of petition filed under Section 127 Cr.P.C. bearing MNT No.82 of 2023 dated 19.08.2023 titled as 'Sukhmanbir Singh and another vs. Gurbeer Singh (Annexure P-1) pending in the Court of learned Principal Judge, Family Court, Malout, District Sri Muktsar Sahib to the Family Court in the nearby district.
2. Learned counsel for the petitioners inter alia contends that the petitioners are minor and they had engaged 5 to 6 lawyers but they did not defend the case of the petitioners as sister-in-law of the respondent is practicing as an advocate in the same Court, which has caused great prejudice and inconvenience to the petitioners. As such, prayer for transfer of the case is made to a nearby district.
3. The office report indicates that notice issued to respondent has been received back duly served, however, there is no representation on his behalf. As such, this Court has no other option but to decide the present case on its own merits.
4. Having heard learned counsel for the petitioners, present petition is taken up for disposal.
5. A
Transfer of matrimonial proceedings requires substantial grounds demonstrating injustice; mere inconvenience or subsequent actions do not suffice.
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