SUKHVINDER SINGH Vs. JITINDER KAUR

JUDGEMENT

(1.) In consonance with the observations made by this Court, in the order dtd. 2/7/2025, it has been brought to the notice of this Court that the applicant had filed an application before learned Family Court and ex parte proceedings were set aside. However, on account of non-payment of the cost imposed upon the applicant, his evidence has been struck off. This factual position, as such, is not disputed by the counsel for respondent No.1. The applicant has filed the present application for seeking transfer of the petition under Sec. 12 of the Protection of Women from Domestic Violence Act i.e. COMA/684/2022, titled 'Jatinder Kaur Vs. Sukhvinder Singh and another', filed by respondent No.1 (wife of the applicant), pending in the Courts at Jalandhar and she seeks transfer of the same to the Court of competent jurisdiction at Hoshiarpur.

(2.) In pursuance of notice issued, respondent No.1, who is the sole contesting respondent, made appearance through counsel and filed reply. Counsel for the parties heard.

(3.) At the very outset, it is submitted by the counsel for the applicant that the marriage of the applicant was performed with respondent No.1 on 3/11/2019. It was the second marriage of both the applicant, as well as respondent No.1. From the earlier marriage, the applicant-husband, had two sons, who are still in his care and custody, whereas, respondent No.1 had one son from her previous marriage, who is in her care and custody. Further, it is submitted that on account of the respondent working as 'Line Operator' in a coal company, namely, NCL, in the State of Madhya Pradesh, he is residing at Madhya Pradesh. However, the matrimonial dispute of respondent No.1 arose with the applicant, as a result whereof, she had got lodged an FIR bearing No.140 dtd. 31/8/2022, under Ss. 323, 498-A, 506 and 34 IPC, at Police Station Bullowal, District Hoshiarpur. Challan has been presented in the said case and applicant is facing trial in the Courts at Hoshiarpur.