LAWS(P&H)-2023-10-19

KRITI MADAN Vs. ANKIT

Decided On October 06, 2023
Kriti Madan Appellant
V/S
ANKIT Respondents

JUDGEMENT

(1.) Prayer in this petition is for transfer of the petition filed under Sec. 13 of the Hindu Marriage Act, pending in the Family Court, S.A.S. Nagar, Mohali to the competent Court of jurisdiction at Panchkula. Counsel for the petitioner has argued that on account of a matrimonial discord, the petitioner has already filed a petition under Sec. 9 of the Hindu Marriage Act, at Family Court, Panchkula, which is pending for 11/1/2024.

(2.) Counsel for the petitioner has further submitted that the petitioner/wife wants to join back the matrimonial home and it is the respondent/husband, who is adamant and he has now filed the petition under Sec. 13 of the Hindu Marriage Act, as a counter-blast, before the Principal Judge, Family Court, S.A.S. Nagar, Mohali. Counsel for the petitioner has also argued that on account of a petition filed by the respondent/husband, the petitioner is facing great difficulty in prosecuting the said case as there is a distance of about 20 Kms from Panchkula to S.A.S. Nagar, Mohali. Counsel for the petitioner has further contended that it is well settled principle of law that petitions filed under Ss. 9 and 13 of the Hindu Marriage filed are to be decided together.

(3.) Counsel for the petitioner has relied upon the judgments