Transfer Isn’t Allowed In Wife’s Favour: P&H High Court






Case Title -Rupinder Singh vs Kiran & Anr.

The wife had preferred a suit for mandatory injunction before the Court of Civil Judge at Gurdaspur directing the husband to return her articles. The Husband moved to the High Court seeking transfer of the said proceedings to the competent court at Ludhiana from Gurdaspur, on the ground that he is suffering from brain cancer and not possible for him to travel.

Wife opposed the transfer petition stating that the husband is a practicing advocate in Ludhiana and she is apprehending danger from the husband and his family members residing at Ludhiana.

Looking to the facts and circumstances, the bench comprising of Justice Nidhi Gupta held that where the health condition of the petitioner has not been denied by the respondent-wife, it is most just and proper that the present transfer petition be allowed.

The transfer petition came to be allowed after relying upon (2006) 9 SCC 197 ‘Anindita Das Vs. Srijit Das’, TA no. 126 of 2018 Smt. Akhwinder Kaur Vs. Sh. Gurpreet Singh and TA No. 299 of 2019 Nisha alias Manisha vs. Amarveer Yadav.

Story Update By: Ms. Sravani Gona, Correspondent at Lawgic.

Edited By: Ms. Nandini Nair, Content Head at Lawgic.

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