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Kamal NaIn Vs. Sumit Kumar Kamboj - Court Judgment

SooperKanoon Citation
SubjectFamily;Civil
CourtPunjab and Haryana High Court
Decided On
Case NumberC.M. No. 14028-CII of 2005
Judge
Reported inI(2006)DMC785
ActsHindu Marriage Act, 1955 - Sections 9 and 13
AppellantKamal Nain
RespondentSumit Kumar Kamboj
Appellant AdvocateArvind Moudgil. Adv.
Respondent Advocate Rajesh Girdhar, Adv.
Cases ReferredSmt. Kamal Nain v. Sumit Kutnar
Excerpt:
.....on the grounds of a decree or order. thus the contention that against an order passed by a single judge in an appeal filed under section 104 c.p.c., a further appeal lies to a division bench cannot be accepted. the newly incorporated section 100a in clear and specific terms prohibits further appeal against the decree and judgment or order of a single judge to a division bench notwithstanding anything contained in the letters patent. the letters patent which provides for further appeal to a division bench remains intact, but the right to prefer a further appeal is taken away even in respect of the matters arising under the special enactments or other instruments having the force of law be it against original/appellate decree or order heard and decided by a single judge. it has to be kept.....hemant gupta, j.1. the petitioner has sought transfer of the petition filed under section 9 of the hindu marriage act to the competent court at chandigarh.2. it is the case of the petitioner that out of the wedlock of the petitioner with respondent, two children were born on 1.12.1994 and 12.10.1998. the respondent started raising demand for dowry and a direction was issued by this court to the senior superintendent of police, ropar and sho, police station, sector 71, mohali to lodge an fir against the respondent and his mother and brother. it has been further pointed out that the respondent filed a petition under section 13 of the hindu marriage act, 1955 for dissolution of marriage on the ground of cruelty and dissolution, at ferozepur but the said petition was withdrawn on 25.1.2005......
Judgment:

Hemant Gupta, J.

1. The petitioner has sought transfer of the petition filed under Section 9 of the Hindu Marriage Act to the competent Court at Chandigarh.

2. It is the case of the petitioner that out of the wedlock of the petitioner with respondent, two children were born on 1.12.1994 and 12.10.1998. The respondent started raising demand for dowry and a direction was issued by this Court to the Senior Superintendent of Police, Ropar and SHO, Police Station, Sector 71, Mohali to lodge an FIR against the respondent and his mother and brother. It has been further pointed out that the respondent filed a petition under Section 13 of the Hindu Marriage Act, 1955 for dissolution of marriage on the ground of cruelty and dissolution, at Ferozepur but the said petition was withdrawn on 25.1.2005. Soon thereafter, the respondent has filed the present petition under Section 9 of the Hindu Marriage Act.

3. Keeping in view the undisputed fact that the husband is residing at Mohali which is at a small distance from Chandigarh. Therefore, it is in the interest of justice, if petition, titled as Smt. Kamal Nain v. Sumit Kutnar, under Section 9 of the Hindu Marriage Act pending in the Court of Ms. Sunita Kumari, Civil Judge (Senior Division), Ferozepur is transferred to the learned District Judge, Chandigarh. It shall be open to the learned District Judge to entrust the case to the another Court having competent jurisdiction.

4. Parties through their Counsel are directed to appear before the learned District Judge, Chandigarh for further proceedings on 4.4.2006.


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