Smt. Rekha vs Hardeep
2024 Latest Caselaw 1529 P&H

Punjab-Haryana High Court

Smt. Rekha vs Hardeep on 23 January, 2024

Author: Vikas Suri

Bench: Vikas Suri

                                                   Neutral Citation No:=2024:PHHC:008385




                                                          2024:PHHC: 008385

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH

110                                      TA-83-2024 (O&M)
                                         Date of decision: 23.01.2024

Rekha
                                                                  ...Petitioner

                   Versus
Hardeep

                                                               ...Respondent
CORAM: HON'BLE MR. JUSTICE VIKAS SURI

Present:    Mr. J.S. Saneta, Advocate for the petitioner.

                                 *****

VIKAS SURI, J. (Oral)

1. Prayer in this petition is for transfer of the petition filed

under Section 13(1)(i-a)(i-b) of the Hindu Marriage Act by the

respondent, bearing No.HMA-639-2020, titled as Hardeep vs. Rekha,

pending in the Court of Principal Judge, Family Court, Jind to a Court of

competent jurisdiction at Panipat.

2. At the very outset, learned counsel for the petitioner has

very fairly submitted that petitioner was proceeded against ex parte vide

order dated 14.12.2022 and the matter was adjourned to 02.03.2023 for

ex parte evidence. On the adjourned date, the evidence was recorded and

on the same day ex parte judgment and decree was passed. The

petitioner has moved an appropriate application under Order 9 Rule 13

CPC for setting aside the ex parte judgment and decree dated 02.03.2023

as well as the order dated 14.12.2022, whereby she was proceeded

against ex parte, which order has since merged in the final judgment.

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Neutral Citation No:=2024:PHHC:008385

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The said application is pending consideration before the Family Court at

Jind.

3. It is not in dispute that as on date the petition filed under

Section 13 of the Hindu Marriage Act seeking a decree of divorce has

been disposed of vide judgment dated 02.03.2023 and only a

miscellaneous application inter alia for setting aside the ex parte

judgment and decree is pending before the Family Court at Jind.

4. In view of the above, learned counsel for the petitioner

seeks withdrawal of the present petition with liberty to press his prayer

seeking transfer, after decision of the application referred to above and

on revival of the main petition.

5. Dismissed as withdrawn with liberty aforesaid.

                                                      (VIKAS SURI)
 January 23, 2023                                        JUDGE
 sumit.k



             Whether speaking/reasoned :       Yes / No
             Whether Reportable :              Yes / No

Neutral Citation No:=2024:PHHC:008385

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