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High Court of Punjab and Haryana · body

2025 DAILYLAW 76901 (PNJ)

NISHA v. MAIRA (MINOR)

CRM-M/36259/2025 · 2025-08-19

Amarjot Bhatti

body2025

Judgment text

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108 108 108 108 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-36259-2025 Date of Decision:- 19.08.2025 NISHA ....Petitioner Vs. MAIRA (MINOR) ...Respondent CORAM:- HON'BLE MRS. JUSTICE AMARJOT BHATTI Present:- Ms. Rahish Pahwa, Advocate for the petitioner. ***** AMARJOT BHATTI, J. 1. Petitioner Nisha has filed petition under Section 447 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking transfer of petition under Section 144 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of maintenance allowance titled as “Maira Minor d/o Sh. Shiv Kumar Vs. Nisha” bearing case No.MNT/385/2024 from the Court of Principal Judge, Family Court, Panipat, Haryana to Family Court or any Court of Competent Jurisdiction at Sonepat, Haryana in the interest of justice. 2. Learned counsel for the petitioner pointed out that on account of matrimonial dispute, petitioner and her husband started living separately since 13.11.2018. She was turned out of the matrimonial home. Now Maira minor daughter has filed the present petition seeking maintenance. She is facing great hardship to contest the case by going to Panipat. She also apprehends danger to her life and liberty. It takes about one hour to reach the Courts at Panipat on travelling by bus. Hence the petition. SANDEEP KUMAR 2025.08.22 09:37 I attest to the accuracy and integrity of this document CRM-M-36259-2025 -2- 3. I have considered the points raised by learned counsel representing the petitioner. Copy of petition filed by Maira minor daughter through her grandmother Smt. Omwati under Section 144 of Bharatiya Nagarik Suraksha Sanhita, 2023 is Annexure P-1. Petitioner wants that case may be transferred to the Family Court or any Court of competent jurisdiction at Sonepat. Admittedly, distance between Panipat and Sonepat is 45 Kms and it takes one hour by bus to reach the Courts at Panipat. Petition claiming maintenance has been filed by the minor daughter through her grandmother. Considering the aforesaid factual position, I do not find merits in the petition filed by petitioner seeking transfer of case from the Courts of Panipat to Sonepat when both the places are well connected by bus and the travelling time is about one hour. Therefore, finding no merits petition is declined. 4. Pending miscellaneous application(s), if any, stands disposed of accordingly as well. (AMARJOT BHATTI) (AMARJOT BHATTI) (AMARJOT BHATTI) (AMARJOT BHATTI) JUDGE JUDGE JUDGE JUDGE 19.09.2025 snd Whether speaking/reasoned : Yes/No. Whether reportable : Yes/No SANDEEP KUMAR 2025.08.22 09:37 I attest to the accuracy and integrity of this document